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In re Ryan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 17, 2007

IN RE JOHN A. RYAN ET AL., DEBTORS,
E. LYNN SCHOENMANN, AS CHAPTER 11 TRUSTEE FOR THE ESTATE OF JOHN A. AND DANIELLE T. RYAN,
v.
APPELLANT, RE: BANKRUPTCY APPEAL
NICKLOS CIOLINO ET AL., APPELLEES.

The opinion of the court was delivered by: Marilyn Hall Patel United States District Court Judge

MEMORANDUM AND ORDER

On November 27, 2006 appellant E. Lynn Schoenmann as Chapter 11 Trustee of the Estate of John A. and Danielle T. Ryan ("Trustee") filed this appeal challenging the bankruptcy court's October 12, 2006 order granting summary judgment to Nicklos and Charles Ciolino, Daniel Delorenzi, Robert Aguilar, and Stephen Daniele ("the Ciolinos") and denying summary adjudication to Chazen. On December 29, 2006 this action was related to Chazen v. Ciolino, No. C 06-06606 MHP because they involved substantially similar issues arising from the same bankruptcy dispute. On May 16, 2007 the court issued an order in Chazen. The parties agree that the May 16, 2007 order disposes of the Trustee's appeal in this matter. See Appellant's Reply at 1; Appellees' Br. at 2. In that order, the court concluded that the bankruptcy court was correct when it held that the Ciolino's liens related back to the prejudgment writs of attachment in the underlying action, although the court reversed in part the bankruptcy court's determination of the amount of the Ciolino's claims that relate back to the pre-judgment attachment liens. Because the Trustee's appeal in the instant matter concerned the relation back of the Ciolino's liens, the court need not reconsider that issue here.

Accordingly, the Trustee's appeal is DENIED.

The Clerk of the Court is directed to close the file on this action forthwith.

IT IS SO ORDERED.

20070717

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