United States District Court, D. Oregon
LAURA A. ENSIGN and STEPHEN T. ENSIGN, Appellants,
U.S. BANK NATIONAL ASSOCIATION, as Trustee, Appellee.
A. Ensign Stephen T. Ensign Pro Se Appellants
A.P. Baker ALDRIDGE PITE, LLP Attorney for Appellee
OPINION & ORDER
A. HERNÁNDEZ United States District Judge.
Laura Ensign and Stephen Ensign appeal the United States
Bankruptcy Court for the District of Oregon's decision to
strike Appellants' amended complaint and close the case.
See Notice of Appeal 4 (“Bankr. Ct.
Order”), ECF 1. Appellants elected to have the appeal
reviewed by this Court instead of the Bankruptcy Appellate
Panel. This Court has jurisdiction over the appeal pursuant
to 28 U.S.C. § 158(a)(1). Because the Bankruptcy
Court's dismissal of Appellants' case was supported
by the facts in the record and was not clearly erroneous,
this Court affirms the decision of the Bankruptcy Court.
February 24, 2016, the Circuit Court of Oregon for Yamhill
County granted summary judgment to U.S. Bank in its case
brought against Appellants for judgment and foreclosure on
their property. Appellants' Request Judicial Notice Ex. A
at 11, ECF 11-1. Circuit Court Judge Cynthia Easterday signed
a “General Judgment Determining Amount Owed and
Foreclosure, ” declaring $626, 679.17 as the total
amount of Appellants' debt to U.S. Bank. Id. at
April 12, 2016, Appellants initiated a complaint against U.S.
Bank in Bankruptcy Court for the District of Oregon. Bankr.
Ct. Order. The Bankruptcy Court held a hearing on July 5,
2016, in which it granted U.S. Bank's motion to dismiss
the complaint and provided Appellants an opportunity to amend
their complaint. Id. Appellants filed an amended
complaint. Id. However, the Bankruptcy Court
determined that the amended complaint was “functionally
indistinguishable” from the original complaint, which
the court had already determined failed to state a claim.
Id. at 6. Therefore, the Bankruptcy Court sua
sponte struck the amended complaint and directed the
Clerk of the Court to close the proceeding. Id.
August 8, 2016, Appellants filed a Notice of Appeal with the
Bankruptcy Court, electing to have their appeal heard in this
District. Id. at 1. The entirety of the Notice of
Appeal is: “We appeal this court's ‘ORDER
STRIKING AMENDED COMPLAINT' and closing this case (docket
district court acts as an appellate court when it reviews a
judgment of the bankruptcy court. In re Marquam Inv.
Corp., 188 B.R. 434, 437 (D. Or. 1995). The bankruptcy
court's conclusions of law and interpretation of the
Bankruptcy Code are reviewed de novo and its factual findings
are reviewed for clear error. In re Greene, 583 F.3d
614, 618 (9th Cir. 2009). The court “must accept the
bankruptcy court's findings of fact unless, upon review,
the court is left with the definite and firm conviction that
a mistake has been committed by the bankruptcy judge.”
Bankruptcy Court's Order is supported by the facts in the
record and is not clearly erroneous. Thus, this Court affirms
the Bankruptcy Court's Order.
ask the Court to take judicial notice of a “Notice of
Sheriff's Sale” that was allegedly posted on
Appellants' gate on November 17, 2016. Request for
Judicial Notice Ex. 1, ...