FRED LABANKOFF V. GENERAL MOTORS ACCEPTANCE CORP, No. 10-60038 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 23 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT In re: FRED GEORGE LABANKOFF, Debtor. No. 10-60038 BAP No. 09-1294 FRED GEORGE LABANKOFF; et al., MEMORANDUM * Appellants, v. GENERAL MOTORS ACCEPTANCE CORPORATION; et al., Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Pappas, Jury, and Kwan, Bankruptcy Judges, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, 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). Fred George Labankoff, Swetlana Labankoff, Ludmila Shpitj, and Shpitj Labankoff General Trust ( appellants ) appeal pro se from the Bankruptcy Appellate Panel s ( BAP ) order affirming the bankruptcy court s order abstaining from deciding an adversary proceeding against appellees and dismissing appellants adversary proceeding without prejudice. We dismiss. We lack jurisdiction to review the bankruptcy court s decision to abstain pursuant to 28 U.S.C. § 1334(c)(1). See 28 U.S.C. § 1334(d). We also lack jurisdiction to review the denial of appellants motion to recuse the bankruptcy judge. See Greene v. United States (In re Souza), 795 F.2d 855, 857 (9th Cir. 1986) (the notice of appeal from a bankruptcy court decision must be filed within the time provided by Bankruptcy Rule 8002). Appellants request for judicial notice and motion to strike appellees opening brief are denied. DISMISSED. 2 10-60038
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