In re Sui ___BR___, 2014 WL 5840246
In re Sui ___BR___, 2014 WL 5840246 (9th Cir. BAP 11/10/14), BAP case number 11-20448-CB: In Sui, Chapter 7 debtor Yan Sui ("Debtor") and non-debtor Pei-yu Yang ("Ms. Yang"), both acting pro se, appealed jointly from a bankruptcy court order barring each of them from filing "initiating documents" in the Debtor’s bankruptcy case without advance review by the bankruptcy court and a determination that such documents were meritorious. The order also required the Debtor and Ms. Yang to obtain leave from the bankruptcy court before filing suit in any forum against the Chapter 7 trustee, Richard A. Marshack (the "Trustee"), or his professionals.
The U.S. Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") upheld the general validity of the bankruptcy court’s "pre-filing" relief, but vacated the original order and remanded it to the bankruptcy court for an amendment consistent with Ninth Circuit authority.
The BAP Sui decision is "not for publication", which means anyone citing that decision must state the decision is a "not for publication" decision. Not for publication decisions can have persuasive force, but are not precedent.