Filed: Jul. 09, 2015
Latest Update: Mar. 02, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 9, 2015 _ Elisabeth A. Shumaker Clerk of Court CHRISTOPHER J. REDMOND, Trustee of the Bankruptcy Estate of Ashraf Fouad Hassan and Irina Hassan, Plaintiff - Appellee, and KANSAS EXPRESS INTERNATIONAL, INC., Plaintiff, v. No. 14-3236 (D.C. No. 2:12-CV-02645-OS) ASHRAF FOUAD HASSAN, (D. Kan.) Defendant - Appellant, and BILAL SAID, a/k/a Bill Said; INTERNATIONAL FOOTBALL CLUB, INC., c/o John
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 9, 2015 _ Elisabeth A. Shumaker Clerk of Court CHRISTOPHER J. REDMOND, Trustee of the Bankruptcy Estate of Ashraf Fouad Hassan and Irina Hassan, Plaintiff - Appellee, and KANSAS EXPRESS INTERNATIONAL, INC., Plaintiff, v. No. 14-3236 (D.C. No. 2:12-CV-02645-OS) ASHRAF FOUAD HASSAN, (D. Kan.) Defendant - Appellant, and BILAL SAID, a/k/a Bill Said; INTERNATIONAL FOOTBALL CLUB, INC., c/o John ..
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT July 9, 2015
_________________________________
Elisabeth A. Shumaker
Clerk of Court
CHRISTOPHER J. REDMOND, Trustee
of the Bankruptcy Estate of Ashraf Fouad
Hassan and Irina Hassan,
Plaintiff - Appellee,
and
KANSAS EXPRESS INTERNATIONAL,
INC.,
Plaintiff,
v. No. 14-3236
(D.C. No. 2:12-CV-02645-OS)
ASHRAF FOUAD HASSAN, (D. Kan.)
Defendant - Appellant,
and
BILAL SAID, a/k/a Bill Said;
INTERNATIONAL FOOTBALL CLUB,
INC., c/o John E. Erwin, Registered Agent;
OVERLAND PARK SPORTS
COMPLEX, LLC, c/o Bilal Said,
Registered Agent; TERRA SPORTS
GROUP, LLC, c/o PW&S Agent Services
of Kansas, Inc.; TERRA VENTURE, INC.,
f/k/a Terra Venture Holding Company;
TERRA VENTURE INVESTMENTS,
LLC; ANALYTICAL MANAGEMENT
LABORATORIES, INC.; MARK
MURPHY; MURPHY LAW FIRM;
DIANE MOSER; AL MOSER; KANSAS
CITY LIMOUSINE, INC., and BUDGET
LIMOUSINE; FINAL TOUCH, INC.,
Defendants.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before HARTZ, TYMKOVICH, and MORITZ, Circuit Judges.
_________________________________
Proceeding pro se, Ashraf Fouad Hassan appeals the district court’s judgment in
an adversary proceeding arising from his Chapter 7 Bankruptcy. Because Hassan’s brief
cites neither legal authority nor the record on appeal, and because he has failed to add a
critical transcript to the record, we conclude he has forfeited appellate review.
Accordingly, we affirm.
Appellee Christopher J. Redmond, the Trustee of Hassan’s bankruptcy estate,
initiated an adversary proceeding against Hassan based on the post-petition sale of
Hassan’s limousine business. After a two-day bench trial, the district court concluded the
sale constituted an unauthorized transfer of property belonging to the bankruptcy estate.
As a result, the district court revoked Hassan’s bankruptcy discharge and entered
judgment against him in the amount of $944,400.16. Hassan appealed.
Because Hassan proceeds pro se, we liberally construe his brief and apply a more
forgiving standard than the one we apply to attorney-drafted filings. Garrett v. Selby
Connor Maddux & Janer,
425 F.3d 836, 840 (10th Cir. 2005). Still, pro se parties must
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of this
appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered
submitted without oral argument. This order and judgment is not binding precedent,
except under the doctrines of law of the case, res judicata, and collateral estoppel. It may
be cited, however, for its persuasive value. See Fed. R. App. P. 32.1; 10th Cir. R. 32.1.
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follow the same procedural rules that govern other litigants. So while we will make some
allowances for Hassan’s pro se status, we will not act as his advocate by formulating
arguments or scouring the record.
Id.
Hassan raises multiple arguments in his opening brief. But he doesn’t cite any
legal authority or the portions of the record that might support those arguments. See Fed.
R. App. P. 28(a)(8)(A) (requiring appellant’s brief to include “citations to the authorities
and parts of the record on which the appellant relies”). And although Hassan suggests
that some of the district court’s findings and conclusions lack support in the record, he
fails to provide us with the trial transcript. See Fed. R. App. P. 10(b)(2) (requiring
appellant to include relevant transcripts if asserting district court’s findings are
unsupported by, or contrary to, evidence). Thus, we decline to address Hassan’s
arguments. See United States v. Brody,
705 F.3d 1277, 1281 (10th Cir. 2013) (explaining
that failure to file necessary transcripts precludes substantive appellate review); Bronson
v. Swensen,
500 F.3d 1099, 1104 (10th Cir. 2007) (noting we routinely refuse to consider
arguments that fail to meet the requirements of Federal Rule of Appellate Procedure 28).
Because we conclude Hassan has forfeited appellate review by failing to comply
with the applicable procedural rules, we affirm the judgment of the district court.
Entered for the Court,
Nancy L. Moritz
Circuit Judge
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