Felipe Dabao Zulueta, Jr. V. , 520 F. App'x 558 ( 2013 )

FILED
NOT FOR PUBLICATION MAY 22 2013
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: FELIPE DABAO ZULUETA, Jr., No. 11-60060
Debtor, BAP No. 10-1459
FELIPE DABAO ZULUETA, Jr., MEMORANDUM *
Appellant,
v.
MARTHA G. BRONITSKY, Ch 13
Trustee; ONEWEST BANK, FSB,
Servicing agent,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Hollowell, Pappas, and Jury, Bankruptcy Judges, Presiding
Submitted May 14, 2013 **
*
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.
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Felipe Dabao Zulueta, Jr., appeals pro se from the Bankruptcy Appellate
Panel’s (“BAP”) judgment affirming the bankruptcy court’s order denying
Zulueta’s objection to Deutsche Bank’s proof of claim. We have jurisdiction under
28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same
standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian
v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We
review de novo a challenge to prudential standing. Dunmore v. United States, 358
F.3d 1107, 1111 (9th Cir. 2004). We affirm.
The bankruptcy court properly denied Zulueta’s objection to Deutsche
Bank’s proof of claim because Deutsche Bank and its servicing agent, OneWest
Bank, had standing to enforce the claim. See id. at 1112 (explaining the
requirements of prudential standing). The evidence before the court established
that OneWest Bank was the holder of the note at issue. See Grogan v. Garner, 498
U.S. 279, 283 (1991) (state law determines the validity of creditors’ claims in
bankruptcy); Cal. Com. Code § 1201(21)(A) (defining “holder” as “the person in
possession of a negotiable instrument that is payable either to bearer or, to an
identified person that is the person in possession”); id. § 3205(b) (“When indorsed
in blank, an instrument becomes payable to bearer and may be negotiated by
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transfer of possession alone[.]”); id. § 3301 (the holder of a negotiable instrument
may enforce it). Zulueta’s contention that the original note was not presented is
not supported by the record.
This case is not rendered moot by the dismissal of Zulueta’s bankruptcy
petition because the issue of prudential standing survives dismissal of the
Chapter 13 bankruptcy proceedings. See Spacek v. Thomen (In re Universal
Farming Indus.), 873 F.2d 1334, 1335-36 (9th Cir. 1989) (a case is not moot if a
legally cognizable interest survives dismissal of the bankruptcy proceedings).
OneWest’s motion requesting judicial notice of the docket and dismissal
order in the underlying bankruptcy proceedings is granted.
AFFIRMED.
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