In re: The 12 Percent Fund I, LLC, et al v. David Reaves, et al, No. 08-60026 (9th Cir. 2010)

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FILED AUG 26 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT In re: THE 12 PERCENT FUND I, LLC, Debtor, No. 08-60026 BAP No. 2:07-06481-SSC RODERICK McBROOM and THOMAS G. JUNGHANS, MEMORANDUM * Appellants, v. DAVID M. REAVES, Chapter 11 Trustee; et al., Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Dunn, Markell, and Montali, Bankruptcy Judges, Presiding Submitted August 10, 2010 ** Before: HAWKINS, McKEOWN, and IKUTA, Circuit Judges. * 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). Roderick McBroom and Thomas S. Junghans appeal pro se from the Bankruptcy Appellate Panel s ( BAP s ) order dismissing their interlocutory appeal of the bankruptcy court s order denying their motion to dismiss a chapter 11 bankruptcy case. We review de novo our own jurisdiction and whether a bankruptcy court s decision is final under 28 U.S.C. § 158(d). Silver Sage Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787 (9th Cir. 2003). We dismiss. The denial of a motion to dismiss a chapter 11 bankruptcy for bad faith is not a final decision over which we have appellate jurisdiction. See id. at 788-91. Moreover, we have no jurisdiction to consider whether the BAP s exercise of its discretion to decline jurisdiction was proper. See id. at 788. Appellants motions to extend time to file their reply brief are granted. The Clerk shall file the reply brief submitted on July 16, 2010. DISMISSED. 2 08-60026

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