Reynaldo D. Graulty, Trustee of Bishop, Baldwin, Rewald,dillingham & Wong., Inc., and Not Individually,plaintiff--appellee, v. Sali Toda and Harold K. Toda, Defendants--appellants, 892 F.2d 82 (9th Cir. 1989)Annotate this Case
Submitted Nov. 3, 1989. *Decided Dec. 11, 1989
Before SNEED, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.
Defendants failed to oppose the Trustee's motion for summary judgment; accordingly, they failed to raise any issues of material fact and the motion was properly granted. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Fed. R. Civ. P. 56(e). To this day, defendants have alleged not a single fact suggesting that the monies paid to them were other than a fraudulent conveyance, returnable to the Trustee pursuant to 11 U.S.C. § 548(a) (2) (A) (Supp. V 1987). That defendants were represented below by counsel unfamiliar with bankruptcy law is not itself sufficient grounds for reversing the grant of summary judgment.
The Trustee argues that defendants' appeal is frivolous and seeks sanctions pursuant to Fed. R. App. P. 38. We agree, and award sanctions in the amount of $1000 plus double costs.