Doctors Marketing Group, Inc. V.

FILED NOT FOR PUBLICATION JUL 11 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT In the Matter of: DOCTORS No. 10-55499 MARKETING GROUP, INC., D.C. No. 2:08-cv-07727-GW Debtor, MEMORANDUM * JEFF HOLMES, Appellant, v. FRONTLINE MEDICAL ASSOCIATES, INC., a California corporation, Appellee. Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, 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). Jeff Holmes appeals pro se from the district court’s order reversing the bankruptcy court’s decision and vacating the judgment as void for lack of subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo, Sea Hawk Seafood, Inc. v. Alaska (In re Valdez Fisheries Dev. Assoc.), 439 F.3d 545, 547 (9th Cir. 2006), and we affirm. Contrary to Holmes’s contention, the bankruptcy court did not have jurisdiction over this proceeding because the outcome would have no effect on the estate being administered in bankruptcy. See Fietz v. Great W. Sav. (In re Feitz), 852 F.2d 455, 457 (9th Cir. 1988) (bankruptcy courts have “related to” jurisdiction over a civil proceeding only when “‘the outcome of the proceeding could conceivably have any effect on the estate being administered in bankruptcy’” (citation omitted)); see also Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (“[S]ubject matter jurisdiction, because it involves a court’s power to hear a case, can never be forfeited or waived.” (citation omitted)). AFFIRMED. 2 10-55499