IN RE THOMAS

No. 03-57164.

428 F.3d 1266 (2005)

In re Miguel Selwyn THOMAS, Debtor. Byron Z. Moldo, Appellant, v. Arvis Ash, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2005.


Attorney(s) appearing for the Case

Anthony A. Friedman, Rein Evans & Sestanovich, LLP, Los Angeles, CA, for the appellant.

Andrew E. Smyth, Los Angeles, California, and Arvis Ash, pro se, Van Nuys, CA, for the appellee.

Before GRABER and W. FLETCHER, Circuit Judges, and FOGEL, District Judge.


FOGEL, District Judge.

Byron Moldo, the Chapter 7 Trustee ("Trustee"), appeals a decision of the Bankruptcy Appellate Panel ("BAP") reversing the bankruptcy court's determination that the bankruptcy debtor, Miguel Selwyn Thomas ("Debtor"), fraudulently transferred a condominium to his mother, Arvis Ash ("Ash"), before filing for bankruptcy. We have jurisdiction pursuant to 28 U.S.C. § 158(d). Because we conclude that the BAP erroneously excluded from its review...

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