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Case 3:13-cv-00293-RCJ Document 11 Filed 07/30/13 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

In re JERRY GREENWOOD et al.,

________________________________________

Debtors.

JERRY GREENWOOD et al.,

Appellants,

vs.

ONEWEST BANK FSB et al.,


Appellees.



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3:13-cv-00293-RCJ

Bk. No. 09-bk-53338

Adv. No. 11-ap-05038

ORDER

This is an appeal of the bankruptcy court’s order in an adversary proceeding granting a

motion to cancel a lis pendens. Appellees have moved to dismiss the appeal for lack of appellate

jurisdiction and have separately moved for a stay of all proceedings on appeal pending the

Court’s determination of the motion to dismiss. For the reasons given herein, the Court grants

the Motion to Dismiss (ECF No. 3) and denies the Motion to Stay (ECF No. 4) as moot.

Jerry Greenwood, d.b.a. Greenwood Excavating and Eugenia (“Gina”) Greenwood, d.b.a.

Greenwood Enterprises are joint Debtors in Chapter 7 bankruptcy case No. 09-bk-53338, filed on

September 23, 2009 and currently pending before the Hon. Judge Gregg W. Zive in the

bankruptcy court of this District. Angelique Lamberti-Clark is the U.S. Trustee. In adversary

proceeding No. 11-ap-5038, filed on April 18, 2011, Plaintiffs Jerry and Gina Greenwood sued

Defendant OneWest Bank, FSB (“OneWest”) to determine the validity under state law of a lien

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Case 3:13-cv-00293-RCJ Document 11 Filed 07/30/13 Page 2 of 3

against their property at 1123 Jo Ln., Gardnerville, NV 89410 (the “Property”) now held by

OneWest and to determine the availability of the lien under the bankruptcy code, alleging that the

original lender had recorded the deed of trust in the wrong county.

On October 15, 2012, OneWest filed a motion in the adversary proceeding for an order

striking and cancelling a lis pendens on the Property and for sanctions against Plaintiffs’ attorney

for bad faith. Defendant noted in the motion that Jerry Greenwood has filed the lis pendens in

Douglas County jointly on behalf of himself and Gina Greenwood, though he had quitclaimed his

interest in the property to Gina Greenwood the previous month. Moreover, several months prior

to the recordation of the lis pendens, the bankruptcy court had approved a settlement agreement

between the Trustee and Defendant stipulating, inter alia, that Defendant held a valid security

interest in the Property. On May 21, 2013, the bankruptcy court entered its order (the “Order”).

(See Order, May 21, 2013, ECF No. 1, at 4). The bankruptcy court determined the motion by

ordering the motion taken off calendar, ordering Debtors/Appellants to remove the Notice of

Filing of Lis Pendens, and warning that no discharge would be granted in the underlying Chapter

7 bankruptcy until Debtors complied. (See id. 2). In substance, the Court appears to have granted

the motion in part and denied it in part, ordering the lis pendens to be removed, but not granting

sanctions.

The Court dismisses the appeal for lack of standing. As Chapter 7 Debtors, Appellants

have no standing to litigate any purported interests in the property of the bankruptcy estate except

through the Trustee. 11 U.S.C. § 323(a); In re Eisen, 31 F.3d 1447, 1451 n.2 (9th Cir. 1994)

(citing id.); Skelton v. Clements, 408 F.2d 353, 354 (9th Cir. 1969). The Trustee is joined as an

Appellee in the present matter, plainly indicating that she has refused to pursue Appellants’

claims.

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Case 3:13-cv-00293-RCJ Document 11 Filed 07/30/13 Page 3 of 3

CONCLUSION

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 3) is GRANTED and

the appeal is DISMISSED for lack of jurisdiction.

IT IS FURTHER ORDERED that the Motion to Stay (ECF No. 4) is DENIED as moot.

IT IS SO ORDERED.

Dated this 10th day of July, 2013.





_____________________________________

ROBERT C. JONES
United States District Judge

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Dated this 16th day of July, 2013.DATED this 30th day of July, 2013.