NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: ALICIA MARIE RICHARDS, 

Debtor, 

------------------------------

LAWRENCE REMSEN, 

Appellant, 

 v. 

RICHARD A. MARSHACK, Chapter 7 

Trustee; RYAL W. RICHARDS, 

Appellees.

No. 22-60057 

BAP No. 21-1266 

MEMORANDUM*

In re: ALICIA MARIE RICHARDS, 

Debtor, 

------------------------------

ALICIA MARIE RICHARDS, 

Appellant, 

 v. 

No. 22-60058 

BAP No. 21-1262 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

FILED

JUN 3 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
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22-60058

RICHARD A. MARSHACK, Chapter 7 

Trustee; RYAL W. RICHARDS, 

Appellees.

Appeals from the Ninth Circuit

Bankruptcy Appellate Panel

Spraker, Gan, and Lafferty, Bankruptcy Judges, Presiding

Submitted May 29, 2024**

Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.

In these consolidated appeals, Chapter 7 debtor Alicia Marie Richards and 

Lawrence Remsen appeal pro se from the Bankruptcy Appellate Panel’s (“BAP”) 

judgments affirming the bankruptcy court’s order authorizing the sale of a 

residence free and clear of liens under 11 U.S.C. § 363(b)(1) and (f). We have 

jurisdiction under 28 U.S.C. § 158(d). We review de novo the BAP’s decision and 

apply the same standard of review that the BAP applied to the bankruptcy court’s 

ruling. Wood v. Stratos Prod. Dev., LLC (In re Ahaza Sys., Inc.), 482 F.3d 1118, 

1123 (9th Cir. 2007). We affirm.

The bankruptcy court did not abuse its discretion by authorizing the Chapter 

7 trustee to sell the residence free and clear of liens under 11 U.S.C. § 363(f)

because appellants’ claims were subject to bona fide disputes and the sale price 

** The panel unanimously concludes these cases are suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).
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was greater than the aggregate value of all liens. See 11 U.S.C. § 363(f)(3), (4)

(providing that the trustee may sell property under § 363(b) free and clear of any 

interest in such property if, inter alia, such interest is a lien and the sale price is 

greater than the aggregate value of all liens on such property, or such interest is in 

bona fide dispute); id. § 363(p)(2) (providing that “the entity asserting an interest 

in property has the burden of proof on the issue of the validity, priority, or extent

of such interest”); Clear Channel Outdoor, Inc. v. Knupfer (In re PW, LLC), 391 

B.R. 25, 32 (B.A.P. 9th Cir. 2008) (setting forth standard of review). Although 

appellants challenge the good faith of the purchaser in these appeals, we do not 

consider the challenge because the BAP properly determined appellants did not 

meaningfully raise the issue before the BAP. See Brownfield v. City of Yakima, 

612 F.3d 1140, 1149 n.4 (9th Cir. 2010) (explaining that “a bare assertion does not 

preserve a claim”); Burnett v. Resurgent Capital Servs. (In re Burnett), 435 F.3d 

971, 975-76 (9th Cir. 2006) (stating that, absent exceptional circumstances, issues 

not raised before the BAP are waived).

Contrary to appellants’ contention, the bankruptcy court did not err in 

determining that it had subject matter jurisdiction because the residence was an 

asset of the bankruptcy estate. See 11 U.S.C. § 541(a)(2) (providing that the filing 

of a bankruptcy petition creates an estate comprised of, inter alia, “[a]ll interests of 

the debtor and the debtor’s spouse in community property as of the commencement 
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of the case”); Sea Hawk Seafoods, Inc. v. State of Alaska (In re Valdez Fisheries 

Dev. Ass’n, Inc.), 439 F.3d 545, 547 (9th Cir. 2006) (setting forth standard of 

review). We reject as without merit appellants’ contentions that the bankruptcy 

court was required to hold a separate hearing on jurisdiction and that the BAP 

erred by taking judicial notice of a state court judgment. 

We reject as unsupported by the record appellants’ contention that Remsen 

was denied due process in connection with the sale motion. See Partington v. 

Gedan, 961 F.2d 852, 865 (9th Cir. 1992) (recognizing that due process does not 

necessarily require the opportunity to present arguments orally). 

AFFIRMED.