NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ERIK BENHAM, No. 16-56539
Debtor, D.C. No. 2:15-cv-08472-VBF
______________________________
ERIK BENHAM, MEMORANDUM*
Appellant,
v.
DAVID R. HAGEN, Esquire, Chapter 7
Trustee,
Appellee.
Appeal from the United States District Court
for the Central District of California
Valerie Baker Fairbank, District Judge, Presiding
Submitted August 16, 2018**
Before: THOMAS, Chief Judge, and TROTT and SILVERMAN, Circuit Judges.
Erik Benham appeals pro se from the district court’s judgment dismissing
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
for lack of standing Benham’s appeal from a bankruptcy court order approving the
Trustee’s Final Report. We have jurisdiction under 28 U.S.C. § 158(d). We
review for clear error the factual finding of whether an appellant is a person
aggrieved. Duckor Spradling & Metzger v. Baum Trust (In re P.R.T.C., Inc.), 177
F.3d 774, 777 (9th Cir. 1999). We affirm.
The district court properly dismissed for lack of standing Benham’s appeal
because Benham was not a “person aggrieved” by the order approving the
Trustee’s Final Report. This is because Benham failed to show any reasonable
likelihood that the claims he would have the trustee bring would yield any
pecuniary benefit for himself. See Fondiller v. Robertson (In re Fondiller), 707
F.2d 441, 442-43 (9th Cir. 1983) (a debtor carries the burden to “demonstrate that
[he] was directly and adversely affected pecuniarily by the order of the bankruptcy
court,” and “a hopelessly insolvent debtor does not have standing to appeal orders
affecting the size of the estate”).
Benham’s motion to file a late reply brief (Docket Entry No. 22) is granted.
The Clerk shall file the reply brief submitted at Docket Entry No. 22.
AFFIRMED.1
1
All pending motions are denied as moot.
2 16-56539