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In re Kyle

United States Court of Appeals, Ninth Circuit
Mar 1, 2006
170 F. App'x 457 (9th Cir. 2006)

Summary

holding that, so long as record permits meaningful review, failure to provide all required transcripts need not result in dismissal or summary affirmance, and the appellate court has discretion to disregard the defect and decide the appeal on the merits

Summary of this case from In re Castillo

Opinion


170 Fed.Appx. 457 (9th Cir. 2006) In re: Dawn Jean KYLE, Debtor, Carolyn A. Dye, Chapter 7 Trustee, Appellant, v. Dawn Jean Kyle, Appellee. No. 04-57195. BAP No. CC-03-01620-KMoB. United States Court of Appeals, Ninth Circuit. March 1, 2006

Argued and Submitted February 16, 2006.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Brandt, Montali, and Klein, Bankruptcy Judges, Presiding.

Before CANBY, KLEINFELD, and BERZON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Carolyn Dye, trustee of the bankruptcy estate of Dawn Kyle, appeals the Bankruptcy Appellate Panel memorandum reversing the bankruptcy court order granting her Motion for Reconsideration. We AFFIRM in its entirety the decision of the BAP in this appeal and adopt the BAP's reasoning as our own.


Summaries of

In re Kyle

United States Court of Appeals, Ninth Circuit
Mar 1, 2006
170 F. App'x 457 (9th Cir. 2006)

holding that, so long as record permits meaningful review, failure to provide all required transcripts need not result in dismissal or summary affirmance, and the appellate court has discretion to disregard the defect and decide the appeal on the merits

Summary of this case from In re Castillo

upholding a warrant authorizing a search for firearms in a drug case because "firearms are known tools of the trade of narcotics dealing because of the dangers inherent in that line of work" (internal quotation marks and alteration removed)

Summary of this case from United States v. Crowe

stating that the Panel may exercise its discretion to dismiss or summarily affirm when the appellant's failure to provide an adequate record prevents informed appellate review

Summary of this case from Keystone Mine Co. v. Gorski (In re Keystone Mine Mgmt. Ii)
Case details for

In re Kyle

Case Details

Full title:In re: Dawn Jean KYLE, Debtor, v. Dawn Jean Kyle, Appellee. Carolyn A…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 1, 2006

Citations

170 F. App'x 457 (9th Cir. 2006)

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