At page 1352 Analyzing necessity of motion to transfer under section 163135 citing cases“section 1631 serves to 'aid litigants who were confused about the proper forum for review.”
- Ogdon v. Grand Canyon Univ. Inc., No. 2:22-cv-00477 (D. Ariz. Mar. 22, 2022).(A 15 motion to transfer is unnecessary because of the mandatory cast of section 1631’s instructions.)
- Howard v. Powerhouse Coach, Inc., No. 4:25-cv-00494 (D. Idaho Aug. 11, 2025).A motion 27 to transfer under Section 1631 is unnecessary “because of the mandatory cast of section 28 1631’s instructions.” In re McCauley, 814 F.2d 1350, 1352 (9th Cir. 1987). 1 Defendants do not dispute that the case could have been fil…
- Gaines v. State of Missouri, No. 1:25-cv-00110 (D. Idaho May 22, 2025).The transfer statute “serves to aid litigants who were confused about the proper forum for review.” In re McCauley, 814 F.2d 1350, 1352 (9th Cir. 1987) (internal quotation marks omitted).
- Graham v. Biden, No. 1:24-cv-00557 (D. Idaho Feb. 7, 2025).The transfer statute “serves to aid litigants who were confused about the proper forum for review.” In re McCauley, 814 F.2d 1350, 1352 (9th Cir. 1987) (internal quotation marks omitted).
- Chamani v. Quasar Mining Grp. Inc., No. 2:20-cv-00077 (D. Nev. May 18, 2020).Discussion 13 Although defendants have not yet moved to transfer this action, “[a] motion to transfer is 14 unnecessary because of the mandatory cast of [28 U.S.C. §] 1631’s instructions.” Hays v. 15 Postmaster General of United States, 86…
- Chamani v. Quasar Mining Grp. Inc., No. 1:20-cv-03874 (S.D.N.Y. May 18, 2020).Discussion 13 Although defendants have not yet moved to transfer this action, “[a] motion to transfer is 14 unnecessary because of the mandatory cast of [28 U.S.C. §] 1631’s instructions.” Hays v. 15 Postmaster General of United States, 86…
- Davis v. Unitel Voice, LLC, No. 2:18-cv-00673 (D. Nev. Mar. 4, 2020).Although Davis did not move to transfer this action, “[a] motion to transfer is 17 unnecessary because of the mandatory cast of section 1631’s instructions.” Hays v. Postmaster 18 General of United States, 868 F.2d 328 , 331 (9th Cir. 1989…
- Amity Rubberized Pen Co. v. Mkt. Quest Grp. Inc., 793 F.3d 991 (9th Cir. 2015).published“A motion to transfer is unnecessary because of the mandatory cast of section 1631’s instructions”
- Inre: Teles Ag Info., No. 12-1297 (Fed. Cir. Apr. 4, 2014).published(reviewing merits of dismissed appeal as if properly transferred to appellate court)
- Pfister v. Selling Source, LLC, 931 F. Supp. 2d 1109 (D. Nev. 2013).publishedSection 1631 provides that, if the court determines it is lacking jurisdiction in a civil case, “the court shall, if it is in the interest of justice, transfer such action ... to any other such court in which the action ... could have been…
Show 23 more citing cases
- Prawoto v. PrimeLending, 720 F. Supp. 2d 1149 (C.D. Cal. 2010).published Hays, 868 F.2d at 331 (“Although Hays did not move the court to transfer the case, we have held that ‘[a] motion to transfer is unnecessary because of the mandatory cast of section 1631’s instructions,’ ” quoting Harris v. McCauley (In re…
- Ramirez v. Van Buren, 206 F. App'x 712 (9th Cir. 2006).unpublishedEven if the district court erred by not making this determination, however, remand is not necessary if “it appears from the records that all the considerations relevant to ‘the interest of justice’ are within our plain view.” See In re McC…
- Puri v. Gonzales, 464 F.3d 1038 (9th Cir. 2006).published See Kolek v. Engen, 869 F.2d 1281, 1283-84 (9th Cir.1989); Harris v. McCauley (In re McCauley), 814 F.2d 1350, 1351-52 (9th Cir.1987).
- Francisco Tomas Lopez v. Gerard Heinauer, 332 F.3d 507 (8th Cir. 2003).publishedIn re McCauley, 814 F.2d 1350, 1352 (9th Cir.1987).
- In re Ski Train Fire in Kaprun, Austria on November 11, 2000, 257 F. Supp. 2d 717 (S.D.N.Y. 2003).published(acknowledging that the very purpose of allowing transfers to cure lack of jurisdiction is to “ ‘aid litigants who were confused about the proper forum for review’)
- Tarcila Tagalicud Hose v. Immigr. & Naturalization Serv. Donald a Radcliffe, 141 F.3d 932 (9th Cir. 1998).published (section 1631 aids confused litigants)
- Hose v. Immigr. & Naturalization Serv., 141 F.3d 932 (9th Cir. 1998).published (section 1631 aids confused litigants)
- Francisco Lucas Rodriguez-Roman v. Immigr. & Naturalization Serv., 98 F.3d 416 (9th Cir. 1996).published “to 'aid litigants who were confused about the proper forum for review”
- Gen. Atomics v. United States Nuclear Regulatory Comm'n, 75 F.3d 536 (9th Cir. 1996).published Kolek v. Engen, 869 F.2d 1281 , 1284 (9th Cir.1989) (citing Harris v. McCauley (In re McCauley), 814 F.2d 1350, 1352 (9th Cir. 1987)).
- David John Miller v. Margaret Hambrick, 905 F.2d 259 (9th Cir. 1990).published “[a] motion to transfer is unnecessary because of the mandatory cast of section 1631's instructions”
- Kolek v. Engen, 869 F.2d 1281 (9th Cir. 1989).published In re McCauley, 814 F.2d 1350, 1351 (9th Cir.1987).
- Hays v. Postmaster Gen. of the United States, 868 F.2d 328 (9th Cir. 1989).published“[a] motion to transfer is unnecessary because of the mandatory cast of section 1631’s instructions”
- Arthur Hays v. Postmaster Gen. of the United States United States Merit Sys. Prot. Bd., 868 F.2d 328 (9th Cir. 1989).published“[a] motion to transfer is unnecessary because of the mandatory cast of section 1631's instructions”
- Sherman v. Biglari, No. 1:18-cv-02887, 2020 WL 6273935 (N.D. Ohio Oct. 26, 2020).See Miller v. Hambrick, 905 F.2d 259, 262 (9th Cir.1990) (“Although Miller did not move the district court to transfer the case, we have held that ‘[a] motion to transfer is unnecessary because of the mandatory cast of section 1631's instr…
- Young v. State Govt Oklahoma, 98 F. App'x 760 (10th Cir. 2004).unpublishedSee Miller v. Hambrick, 905 F.2d 259, 262 (9th Cir.1990) (“Although Miller did not move the district court to transfer the case, we have held that ‘[a] motion to transfer is unnecessary because of the mandatory cast of section 1631’s instr…
- Joseph Kolek v. Donald D. Engen, Adm'r, Fed. Aviation Admin., Joseph Kolek v. Donald D. Engen, Adm'r, Fed. Aviation Admin., 869 F.2d 1281 (9th Cir. 1989).publishedSee McCauley, 814 F.2d at 1352.
- Skillo v. United States, 68 Fed. Cl. 734 (Fed. Cl. 2005).publishedIn the interests of justice, we transferred the petition to the United States District Court for the District of Kansas.” (citing 28 U.S.C. § 1631 )); see also Harris v. McCauley, 814 F.2d 1350 , 1352 (9th Cir.1987) (“[Section 1631] serves…
- Salazar-Regino v. Trominski, 415 F.3d 436 (5th Cir. 2005).publishedSee id..; see also In re McCauley, 814 F.2d 1350, 1352 (9th Cir.1987). .
- Salazar-Regino v. Trominski, 479 F.3d 362 (5th Cir. 2005).publishedSee id.; see also In re McCauley, 814 F.2d 1350, 1352 (9th Cir.1987). 17 See 8 U.S.C. § 1252 (b)(1) (stating that a petition for direct review must be filed no later than 30 days after the date of the final order of removal). 18 Cf. Baeta,…
- United States Court of Appeals, Ninth Circuit, 932 F.2d 1292 (9th Cir. 1991).unpublished(It would be a curious procedure to remand this case to the district court so that the district judge could decide whether or not to officially transfer it back to us.)
- Int'l Bhd. of Teamsters, Chauffeurs, W. Conf. of Teamsters v. Dep't of Transp., 932 F.2d 1292 (9th Cir. 1991).published(It would be a curious procedure to remand this case to the district court so that the district judge could decide whether or not to officially transfer it back to us.)
- Equivest Fin. Corp. v. Fed. Home Loan Bank Bd., 953 F.2d 1391 (10th Cir. 1992).published
- Reilly v. United States, 93 Fed. Cl. 643 (Fed. Cl. 2010).published
At page 1351 Jurisdictional issues regarding appeals from bankruptcy court judgments12 citing caseswhen federal court finds that it lacks subject matter jurisdiction but that another federal court has subject matter jurisdiction, under § 1631 the first federal court “must transfer the case to the proper court, if transfer is in the interest of justice
- Puri v. Gonzales, 464 F.3d 1038 (9th Cir. 2006).published See Kolek v. Engen, 869 F.2d 1281, 1283-84 (9th Cir.1989); Harris v. McCauley (In re McCauley), 814 F.2d 1350, 1351-52 (9th Cir.1987).
- Francisco Lucas Rodriguez-Roman v. Immigr. & Naturalization Serv., 98 F.3d 416 (9th Cir. 1996).published The purpose of the statute is "to 'aid litigants who were confused about the proper forum for review,' " McCauley, 814 F.2d at 1352 (citation omitted), and to prevent any prejudice from such confusion when it is in the interests of justice…
- In re San Diego Realty Exch., Inc., Debtor. Harold S. Taxel, Tr. v. Jack Surnow, 24 F.3d 249 (9th Cir. 1994).publishedAccord Ryan v. Loui (In re Corey), 892 F.2d 829 , 833 n. 1 (9th Cir.1989), cert. denied, 498 U.S. 815 (1990); Graulty v. Bank of Hawaii (In re Bishop, Baldwin, Rewald, Dillingham & Wong, Inc.), 856 F.2d 78, 79 (9th Cir.1988); Harris v. McC…
- Litig. Relating to Riot of September 22, 1991 at the Maximum Sec. Unit of the Montana State Prison v. Chisholm. Langford v. McCormick, 85 F.3d 637 (9th Cir. 1991).unpublishedHarris v. McCauley (In re McCauley ), 814 F.2d 1350, 1351 (9th Cir.1987). 4 Magistrate judges can exercise jurisdiction in civil proceedings when designated by the district court in which they serve and with the consent of the parties. 28…
- Mortensen v. Wheel Horse Prods., Inc., 772 F. Supp. 85 (N.D.N.Y. 1991).published(when federal court finds that it lacks subject matter jurisdiction but that another federal court has subject matter jurisdiction, under § 1631 the first federal court “must transfer the case to the proper court, if tra…)
- Kolek v. Engen, 869 F.2d 1281 (9th Cir. 1989).published In re McCauley, 814 F.2d 1350, 1351 (9th Cir.1987).
- Sec. & Exch. Comm'n v. Am. Principals Holdings, Inc. (In re San Vicente Med. Partners Ltd.), 865 F.2d 1128 (9th Cir. 1989).publishedIn re McCauley, 814 F.2d 1350, 1351 (9th Cir.1987). 2.
- Graulty v. Bank of Hawaii (In re Bishop, Baldwin, Rewald, Dillingham & Wong, Inc.), 856 F.2d 78 (9th Cir. 1988).published McCauley ), 814 F.2d 1350, 1351 (9th Cir.1987); Cannon v. Hawaii Corp. (In re Hawaii Corp.), 796 F.2d 1139, 1141 (9th Cir.1986); Klenske v. Goo (In re Manoa Fin.
- Castro-Cortez v. Immigr. & Naturalization Serv., 239 F.3d 1037 (9th Cir. 2001).publishedThe purpose of the transfer statute is to eliminate “ ‘the risk of filing in the wrong court.’” Rodriguez-Roman v. INS, 98 F.3d 416, 424 (9th Cir.1996) (quoting Dornbusch v. Commissioner of Internal Revenue Svc., 860 F.2d 611, 614 (5th Cir…
- Kubicik v. Apex Oil Co. (In re Apex Oil Co.), 884 F.2d 343 (8th Cir. 1989).published See In re McCauley, 814 F.2d 1350 , 1351-52 (9th Cir.1987) ( 28 U.S.C.
Other citing cases
- Shaffer v. Unknown, No. 3:24-cv-01757 (S.D. Cal. Oct. 7, 2024).
- Elliott v. Salmonson, No. 3:24-cv-00166 (D. Nev. Apr. 18, 2024).
- Goldwater Bank NA v. Caliber Home Loans Inc., No. 2:21-cv-01190 (D. Ariz. Sept. 16, 2021).
- Carlos Castro-Cortez v. Immigr. & Naturalization Serv., Jose Luis Araujo v. Immigr. & Naturalization Serv., Francisco Mario Funes-Quevado, A.K.A. Francisco Mario Funes v. Janet Reno, Attorney Gen., Ramon Rueda v. Richard C. Smith, Dist. Dir. & Janet Reno, Attorney Gen., Nestor Salinas-Sandoval v. Janet Reno, Attorney Gen., Richard Eugene Smith, & Immigr. & Naturalization Serv., 239 F.3d 1037 (9th Cir. 2001).published
- Weston v. Maycock, 107 F.3d 22 (10th Cir. 1997).published
- Levy v. Pyramid Co. of Ithaca, 687 F. Supp. 48 (N.D.N.Y. 1988).published
v.
Joe E. McCAULEY and Dorothy E. McCauley
Appellants appeal from a decision rendered out of bankruptcy court by a district judge in which a transfer of property to them from their son was voided. Appellants in-correctly filed a notice of appeal to the district court, which dismissed it for lack of jurisdiction. The district court failed to transfer the case to the Ninth Circuit pursuant to 28 U.S.C. § 1631 (West Supp.1986). We deem the case transferred and affirm.
FACTS
In September, 1979, appellants purchased a piece of property (“the Susanville property”) for $16,500. Their son, the debtor in the bankruptcy case, bought property (“the Truckee property”) in June, 1981 for $160,-000. His equity in the property was $35,-000. The quitclaim deed of the Truckee property from the son to appellants was executed in October, 1981. It recited that “valuable consideration” had been received, but none actually was received contemporaneously. In February, 1982, appellants[*1351] quitclaimed the Susanville property to their son. This transfer was the purported consideration for the October, 1981 transfer. Beyond the exchange of properties, no additional consideration exchanged hands.
On June 10, 1982, the son filed for reorganization under Chapter 11 of the Bankruptcy Code, which was later converted to a Chapter 7 liquidation. Four days later, on the advice of counsel, the son executed a quitclaim deed of the Susanville property back to appellants and appellants quit-claimed the Truckee property back to their son. This was done on the apparent belief that the original exchange of properties would be avoided by the bankruptcy court due to lack of consideration.
On October 7, 1982, the bankruptcy trustee, appellee in this appeal, brought an action against appellants to avoid the post-petition transfer of the Susanville property pursuant to 11 U.S.C. § 549(a)(1979). This avoidance would give the bankruptcy estate title to the Susanville property. A hearing was held on December 10, 1982 in front of Bankruptcy Judge Lloyd George. He took the case under submission and issued a decision 20 months later. During that 20-month period, George became a district judge.
The judgment by Judge George ordered the transfer of the Susanville property from the son to appellants avoided and title to the property vested in the Trustee. This judgment was issued out of bankruptcy court by a district judge.
Appellants timely appealed. They appealed, however, to the district court instead of to the Ninth Circuit. The district court dismissed for lack of jurisdiction, citing 28 U.S.C. § 158 (1968) as its basis for dismissal: “[Section] 158 grants district courts jurisdiction to hear appeals from final judgments of bankruptcy judges, not bankruptcy courts.” (ER p. 17). This appeal followed.
STANDARD OF REVIEW
The existence of jurisdiction to hear this appeal presents a question of law subject to de novo review. Peter Starr Production Co. v. Twin Continental Films, Inc., 783 F.2d 1440, 1442 (9th Cir.1986). Likewise, interpretation of a statute is a question of law reviewed de novo. See, e.g., Trustees of Amalgamated Ins. Fund v. Geltman Industries, 784 F.2d 926, 929 (9th Cir.1986).
DISCUSSION
This case does not arise as an appeal from the final decision of a district court reviewing a bankruptcy court decision. Instead, the underlying issue on appeal comes to this court from a federal district judge sitting in bankruptcy. This Court recently has held that jurisdiction over such matters exists, but not under 28 U.S.C. § 158. Appellate jurisdiction over appeals from district judges sitting in bankruptcy exists under 28 U.S.C. § 1291 (West Supp.1986), the statute governing appeals from the final decisions of a district court. Klenske v. Goo (In re Manoa Finance Co.), 781 F.2d 1370, 1372 (9th Cir.1986).
Although this court generally has jurisdiction over such cases pursuant to § 1291, the case at hand does not lend itself to an easy resolution of the jurisdiction question. When appellants filed their appeal from Judge George’s decision, they appealed to the district court. As stated by the district court, “jurisdiction of [the] appeal would rest in the Ninth Circuit Court of Appeals” (ER 17). At that point, the proper action would have been for the district court to transfer the case pursuant to 28 U.S.C. § 1631.
In the Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, § 301(a), 96 Stat. 25, 55 (1982), Congress provided a transfer remedy for parties who experience the kind of confusion as did appellants here. Congress created 28 U.S.C. § 1631 which controls the action of a federal court when it finds that it lacks jurisdiction but that another federal court has authority to hear the case. In such an instance, the first federal court must transfer the case to the proper court, if transfer is in the interest of justice.
Section 1631 reads:
[*1352] Whenever a civil action is filed in a court ... or an appeal ... is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in ... the court to which it is transferred on the date upon which it was actually filed in ... the court from which it is transferred.
The section is entitled “Transfer to cure want of jurisdiction.” It serves to “aid litigants who were confused about the proper forum for review.” American Beef Packers, Inc. v. ICC, 711 F.2d 388, 390 (D.C.Cir.1983) (transferring to the district court a review proceeding filed in the circuit court). Such aid is needed here.
The D.C. Circuit and the Federal Circuit have transferred cases under § 1631 on their own initiative in response to a motion to dismiss. See American Beef Packers, supra; United States v. John C. Grimberg Co., 702 F.2d 1362 (Fed.Cir.1983). But see Center for Nuclear Respons. v. U.S. Nuc. Reg.Comm’n, 781 F.2d 935 (D.C.Cir.1986). A motion to transfer is unnecessary because of the mandatory cast of section 1631’s instructions.
We therefore deem this case transferred to this court. This court’s qualification as the proper forum also suggests the appropriateness of our rendering the transfer decision here. It would be a curious procedure to remand this case to the district court so that the district judge could decide whether or not to officially transfer it back to us. Nor is such a convoluted procedure necessary to a fair decision: it appears from the record that all the considerations relevant to “the interest of justice” are within our plain view. See Center for Nuclear Respon., 781 F.2d at 945 (Ginsburg, J., dissenting).
We now turn to the merits of this appeal, that is, whether the June 14, 1982 transfer from the son (the debtor) to appellants was a post-petition transfer, avoidable by the trustee.
Post-petition transfers are governed by 11 U.S.C. § 549. That section provides as follows:
(a) Except as provided in subsectionfs] (b) and (c) of this section, the trustee may avoid a transfer of property of the estate — (1) that occurs after the commencement of the case;____
Subsection (b) deals with involuntary cases and subsection (c) deals with good faith purchasers without knowledge of the commencement of the case. Neither apply here and consequently, according to the plain language of § 549(a), such a transfer as occurred in this case is avoidable.
Appellants argue that 11 U.S.C. § 550 (1979) works to avoid the impact of § 549(a). Section 550(a) provides for recovering property that is avoidable:
Except as otherwise provided in this section, to the extent that a transfer is avoided under section ... 549 ..., the trustee may recover, for the benefit of the estate, the property transferred, or, if the court so orders, the value of such property, from—
(1) the initial transferee of such transfer ...;
or
(2) any immediate or mediate transferee of such initial transferee.
Section 550(c), upon which appellants rely, provides that the “trustee is entitled to only a single satisfaction under subsection (a) of this section.” Appellants contend that if they are required to return the Susanville property, appellee will receive more than a single satisfaction since the estate was also allowed to keep the Truckee property. Although this argument may sound plausible in theory, appellants supply no case law to support such a proposition. Had appellants been good faith purchasers without knowledge of the commencement of the bankruptcy case, then either the transfer could not have been avoided or appellants would have had a lien on the property. 11 U.S.C. § 549(c). As it is, appellants knew the bankruptcy petition had been filed. They voluntarily transfer[*1353]red the Truckee property back into the estate, accepting in return the post-petition transfer of the Susanville property. Such a transfer is avoidable under § 549(a). Since appellants did not transfer the Susan-ville property to another party, requiring them to return that property constitutes a single satisfaction.
Appellants also put forth an argument based on § 550(b) in that the trustee cannot “recover under section (a)(2) of this section from — (1) a transferee that takes for value, ... in good faith, and without knowledge of the voidability of the transfer avoided.” Although appellants arguably meet the requirements listed above, appellee was not attempting to recover the property under section 550(a)(2). That section deals with immediate and mediate transferees. Such is not the case here.
CONCLUSION
Had appellants not known that the bankruptcy petition had been filed, i.e., had they been good faith transferees, their interest in the property could have been protected under 11 U.S.C. § 549(c). Had appellants transferred the property to any immediate or mediate transferee, the trustee might not have been able to recover from them under 11 U.S.C. § 550(b). Had appellants been good faith transferees, any improvements made on the property could be secured. However, appellants do not fall into any of the above categories. The district judge, Judge George, properly ordered the transfer avoided.
JUDGMENT AFFIRMED.