FILED
NOT FOR PUBLICATION AUG 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
In re: THE 12 PERCENT FUND I, LLC, No. 08-60026
Debtor, BAP No. 2:07-06481-SSC
RODERICK McBROOM and THOMAS MEMORANDUM *
G. JUNGHANS,
Appellants,
v.
DAVID M. REAVES, Chapter 11 Trustee;
et al.,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Dunn, Markell, and Montali, Bankruptcy Judges, Presiding
Submitted August 10, 2010 **
Before: HAWKINS, McKEOWN, and IKUTA, 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).
Roderick McBroom and Thomas S. Junghans appeal pro se from the
Bankruptcy Appellate Panel’s (“BAP’s”) order dismissing their interlocutory
appeal of the bankruptcy court’s order denying their motion to dismiss a chapter 11
bankruptcy case. We review de novo our own jurisdiction and whether a
bankruptcy court’s decision is final under 28 U.S.C. § 158(d). Silver Sage
Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs), 339
F.3d 782, 787 (9th Cir. 2003). We dismiss.
The denial of a motion to dismiss a chapter 11 bankruptcy for bad faith is
not a final decision over which we have appellate jurisdiction. See id. at 788-91.
Moreover, we have no jurisdiction to consider whether the BAP’s exercise of its
discretion to decline jurisdiction was proper. See id. at 788.
Appellants’ motions to extend time to file their reply brief are granted. The
Clerk shall file the reply brief submitted on July 16, 2010.
DISMISSED.
2 08-60026