In re Plantica Landscape Corp.

Full title: In the Matter of PLANTICA LANDSCAPE CORPORATION, Debtor, Peter J…

Court: United States Bankruptcy Appellate Panel of the Ninth Circuit

Date published: May 6, 2008

385 B.R. 800 (B.A.P. 9th Cir. 2008)

Opinion

385 B.R. 800 (9th Cir. BAP 2008) In the Matter of PLANTICA LANDSCAPE CORPORATION, Debtor, Peter J. Cavanagh; et al., Appellants, v. People of The State of California, Appellee. No. 06-56540. United States Bankruptcy Appellate Panel of the Ninth Circuit May 6, 2008

          Submitted April 22, 2008.^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2) .

          Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Pappas , Klein , and Brandt , Bankruptcy Judges, Presiding. BAP No. CC-05-01245-PaBK.

          Before GRABER , FISHER , and BERZON , Circuit Judges.

          MEMORANDUM ^**

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

          Peter J. Cavanagh and Theresea E. Cavanagh appeal pro se from the decision of the Bankruptcy Appellate Panel (“BAP" ) affirming the bankruptcy court's order remanding to state court a criminal proceeding in which the Cavanaghs are defendants. We dismiss.

          We lack jurisdiction to review the BAP's decision affirming the bankruptcy court's remand order. 28 U.S.C. §§ 1447(d) , 1452(b) ; see also Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127-29 (1995) (concluding that 28 U.S.C. §§ 1447(d) and 1452(b) bars appellate review of remand orders).

          Appellants' request for judicial notice is denied as moot.

          DISMISSED.