In Re Alfred J. Dalecio; Doreen F. Dalecio, Debtors,stewart Iniguez; Sherrill Iniguez; George Brown; Denisebrown; Nelson Julian and Alison Julian, Appellants, v. Raymond A. Carey, Trustee, Appellee, 139 F.3d 904 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 139 F.3d 904 (9th Cir. 1998)

Submitted February 9, 1998. **Decided Feb. 19, 1998

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Russell, Volinn, and Ashland, Judges, Presiding.

Before PREGERSON, CANBY, and LEAVY, Circuit Judges.


Stewart Iniguez, Sherrill Iniguez, George Brown, Denise Brown, Nelson Julian, and Alison Julian (collectively "appellants") appeal the Bankruptcy Appellate Panel's ("BAP") affirmance of the bankruptcy court's summary judgment in favor of Chapter 7 trustee Raymond A. Carey in Carey's action seeking to set aside debtors Alfred and Doreen Dalecio's post-petition transfer to the appellants of newly-issued stock in Aldorina, Inc. We have jurisdiction pursuant to 28 U.S.C. § 158(d). This court independently reviews the bankruptcy court's rulings on appeal from the BAP. See Havelock v. Taxel (In re Pace), 67 F.3d 187, 191 (9th Cir. 1995). We review the bankruptcy court's conclusions of law de novo and the court's findings of fact for clear error. See Alsberg v. Robertson (In re Alsberg), 68 F.3d 312, 314 (9th Cir. 1995), and we affirm for the reasons stated in the BAP's decision filed on November 6, 1996.



The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4


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