[00:00:16] Speaker 03:
Mr. Miles, are you with us?

[00:00:18] Speaker 01:
I am, sir.

[00:00:22] Speaker 01:
Okay. Is that Mr. Miles? Yes, I am. I'm here, Your Honor. Okay.

[00:00:27] Speaker 01:
Mr. Miles, you're the appellant in this matter, so you get to tell me if you'd like to reserve a little time for rebuttal.

[00:00:35] Speaker 05:
Yeah.

[00:00:37] Speaker 05:
I would.

[00:00:39] Speaker 01:
Well, you want to be specific?

[00:00:42] Speaker 05:
Yes, sir. I would like to reserve time for rebuttal.

[00:00:45] Speaker 01:
How much?

[00:00:47] Speaker 05:
Well, I just would like to probably about five, ten minutes.

[00:00:52] Speaker 01:
All right. Why don't we start with ten, see where we end up, okay? So go ahead.

[00:00:56] Speaker 04:
Well, if it pleases the court, Your Honor, before I begin, I respectfully acknowledge my pending emergency motion.

[00:01:08] Speaker 04:
I appreciate the court's accommodations. Permitting me my remote appearance, if the court elects to proceed today, I respectfully, Your Honor, preserve the motion and will address these merits of my appeal. The concern is whether the bankruptcy court correctly applied the bankruptcy code, Your Honor, before denying confirmation or dismissing my Chapter 13 case.

[00:01:37] Speaker 04:
The central issue, Your Honor, before the bankruptcy court was a dispute claim in the amount of $85,733.84. I objected to that claim. On June 6th, Your Honor, just a week and a half ago, the attorney who brung this claim to the bankruptcy court said that I didn't owe this. He said that I didn't owe any money.

[00:02:07] Speaker 04:
And for this claim, he said it in trial. Well, I had a court date the other day and he said it in front of the judge saying he doesn't owe anything. He's complied is what he said. He complied to the order. I haven't paid anything on this, by the way. Let's see.

[00:02:31] Speaker 04:
um 502 once an objection is filed the bankruptcy court is required to determine the amount of claim after the notice and hearing um what evidence in the bankruptcy records permitting the bankruptcy court your honor to determine the amount of this issue claim of 85 733 84.

[00:02:55] Speaker 04:
The amount was critical because it affected confirmation and ultimately dismissed my Chapter 13 case.

[00:03:04] Speaker 02:
Mr. Miles, can you see us? This is Judge Spraker. I appreciate your discussion. It tracks with your informal brief that was filed. The problem that we have at the very beginning here is one of procedure, and that is Your notice of appeal states that you're appealing the notice of dismissal or the decision of dismissal and attaches that dismissal order.

[00:03:35] Speaker 02:
There is no separate notice for an appeal of the objection.

[00:03:42] Speaker 02:
So traditionally, as we are required to do, we consider strictly the matter on appeal, which is the dismissal of your case.

[00:03:53] Speaker 02:
Okay.

[00:03:55] Speaker 02:
All right.

[00:03:58] Speaker 02:
Go ahead, Your Honor. All right. The problem we have, though, is your argument on paper really only goes to claim objection. And there's nothing that you provided in the record that really gives us the reasons that the court dismissed this case. And we need that record to proceed with the appeal. And, I mean, your opposing counsel – has filed something based primarily on the dismissal.

[00:04:28] Speaker 02:
So we're kind of caught here. It seems like there's two appeals, but only one has been filed with the court.

[00:04:41] Speaker 02:
The 13th, and it was... All right.

[00:04:49] Speaker 02:
I think you froze, Mr. Miles.

[00:04:57] Speaker 01:
Are we having some technical difficulties with Mr. Miles, Madam Clerk? We're going to see if we can figure out the technical glitch here.

[00:05:11] Speaker 01:
We might stop his time in the meantime.

[00:05:14] Speaker 01:
Here we go. Thank you.

[00:05:20] Speaker 01:
Okay, so we can't affect that. Okay. Okay.

[00:05:23] Speaker 01:
Mr. Miles, I don't know if you can hear us, but from our end, you seem to be frozen.

[00:05:45] Speaker 01:
Mr. Miles, are you back?

[00:06:01] Speaker 01:
Is it possible to go on to the last matter? I don't know if there are arguments there or not, but if we could maybe come back to this and see if Mr. Miles has rejoined us, would that be possible? We'll just make a note that he's got 1043 time, okay? Unless he's joining us again.

[00:06:30] Speaker 03:
Hello, judges. This is Callie. Mr. Miles has dropped from the call, and as soon as he's back with us, I will add him back. Okay.

[00:06:38] Speaker 01:
Well, thank you very much. Appreciate it, the excellent work of the brilliant technical support folks at the Ninth Circuit. Thank you.

[00:06:47] Speaker 01:
It's not something on our end, and we hope Mr. Miles can resolve it on his so we can hear the rest of his arguments.

[00:06:53] Speaker 01:
Is it possible, Madam Clerk, to suspend this and call the last matter and just see if we have anybody appearing there? Okay, and by the way, Mr. Yang, thank you for your patience. We're holding you up from all the brilliant things you want to say too, okay?

[00:07:07] Speaker 03:
Here comes Mr. Miles.

[00:07:09] Speaker 01:
Oh, Mr. Miles is back. Okay, great. Okay, there we go. Okay, Mr. Miles. All right, so you've got 1043. Hey, it happens to the best of us. Don't worry about it, okay? You got 1043. You go ahead.

[00:07:20] Speaker 04:
Okay, so the – The evidence in the bankruptcy record permitted the bankruptcy court to determine the amount of dispute, Your Honor. I understand the record, the figure of $8,733.84 also corresponded to obligations reflected in the reporting liens against my real estate property.

[00:07:47] Speaker 04:
The circumstances made it expressly important that the bankruptcy court determine a legal character and amount of claim based upon contempt evidence contained in the record.

[00:08:00] Speaker 04:
I respect you submit once again. Objections was filed.

[00:08:06] Speaker 04:
Federal rule bankruptcy procedure 307 required the court to determine the objection and rule 3001

[00:08:20] Speaker 01:
Are we frozen again? Do we know?

[00:08:25] Speaker 04:
The court therefore had determined the amount 11 U.S.

[00:08:40] Speaker 04:
in the accounting payment ledger or capitally supporting the amount. There was no supporting of that, of the $85,733.84.

[00:08:52] Speaker 04:
My Chapter 13 payment history reflects that I was making planned payments through wage assignment, and the Trustee Rex reflects no delinquency in those payments.

[00:09:03] Speaker 02:
That's not quite what the Trustee said, though, was it? The Trustee said that there were Under each of your three amended plans that you have provided that committed to pay $7,000 per month, at the time of the motion, there were five months, which should have resulted in $35,000, and there was at least two missed payments, together with the, as I understand, the court also dismissed it for failure to pay post-petition support payments.

[00:09:38] Speaker 05:
No, that's what the payment.

[00:09:51] Speaker 04:
I was able to make every payment. I made enough money. I didn't miss one payment. The trustee missed some payments. He didn't pay the mortgage. He didn't pay the car notes. There was a third party who paid $16,000.

[00:10:09] Speaker 04:
on one of my cars, and we don't know where that came from. The trustee's the one that missed the payments.

[00:10:20] Speaker 04:
I was especially asked only that this court determine whether the bankruptcy court, Your Honor, correctly applied the money to my bankruptcy, the 11 U.S.C. 502-1325.

[00:10:38] Speaker 04:
together with the federal rules of bankruptcy procedures before denying confirmation, dismissing Chapter 13. I did everything right.

[00:10:48] Speaker 04:
My bankruptcy attorney, they confirmed me. And then for some reason, this DOS came in and he even said so himself. Well, there's no accounting for this. My bankruptcy judge, I have an email from him saying there's no accounting. We knew it wasn't any accounting. Like I said, I was just in court in June 6th, and the attorney said that I was caught up, and I had never paid a thing because he couldn't prove any accounting.

[00:11:24] Speaker 04:
And it sounds like he left the trustee holding the ball on this.

[00:11:28] Speaker 02:
I don't owe $35,000.

[00:11:30] Speaker 02:
Mr. Miles, I want to kind of just go back to the procedural problem. Okay. Because we have no record and we're only a court of appeal. We can only look at the record, right? And that's the problem. I think that the court tried to send you a notice saying there was no transcript. So we don't even know what happened at the hearing on the dismissal, right? All we can see what was on the record, which is the trustee's objection, and that there was an order dismissing it.

[00:12:04] Speaker 02:
So when you give all these facts, we just, unfortunately, given the state of the record as it is here, we don't have those.

[00:12:14] Speaker 04:
Okay. Well, I can get the record, Sean. I tried to get a – I can't even think of it now because I'm trying to work, and I got Zoom here, my bankruptcy. See? an extension on this so I can get everything together. I'm in between homes because my property is up in the air right now. So I don't really have the means to get everything and the amount of time I was given. And I'm sorry for that.

[00:12:45] Speaker 04:
I blame, it's my fault. I just didn't have the means to get everything. But I am trying to get, I was trying to get the transcript from the judge.

[00:12:57] Speaker 04:
to show that that was the reason why they kicked me out of bankruptcy court.

[00:13:05] Speaker 01:
We are just about at five minutes. Would this be a good time for you to pause so we'll hear from the other side? Is that okay? We can do that, Your Honor. Okay, thank you. Okay, Mr. Young, you go ahead.

[00:13:18] Speaker 00:
Good morning, all. My name is Alan Yang. It is my privilege to represent Chapter 13, Trustee Jason Wilson-Aguilar. As previously mentioned, the issue before the court today, the bankruptcy court's dismissal of the appellant's Chapter 13 bankruptcy case, and we assert that the bankruptcy court's order dismissing the debtor's Chapter 13 case should be affirmed.

[00:13:39] Speaker 00:
Ultimately, the bankruptcy court made numerous oral findings at the hearing on January 7th, 2026, and dismissed the case pursuant to 11 U.S.C. 1307C. These findings were written out in the bankruptcy court's subsequent order denying motion for stay pending appeal.

[00:13:56] Speaker 00:
The court dismissed this case on two basis. First, that the appellant did not commence making timely payments pursuant to 11 U.S.C. 1326 as required by 11 U.S.C., which is a basis for dismissal under 11 U.S.C. 1307 C.4. Specifically, the debtor, as this panel has stated, the debtor was obligated to make monthly payments of $7,000 per month for a total of $35,000 from July 25, 2025 through December 2025 based upon the amount of funds that the The trustee's office received was a total of $16,692 and some change, which causes a delinquency of $18,307.72.

[00:14:31] Speaker 00:
Consequently, it appears the debtor made less than half of the required plan payments.

[00:14:44] Speaker 00:
Additionally, it does appear that the debtor was delinquent on the post-petition domestic support obligations, namely the spousal maintenance, which is also the basis for dismissal under 11 U.S.C. Section 1307C.11.

[00:14:57] Speaker 02:
Counsel, unfortunately, though, I mean, it's the same problem. I appreciate you going over this, but we can't see that from the appellate view based upon the record and most specifically the lack of a transcript. Right.

[00:15:11] Speaker 02:
My understanding is there still is no transcript in the record, is there?

[00:15:16] Speaker 00:
I do. There is no transcript on the record, but I do believe I designated the subsequent order regarding the denying the motion for stay pending appeal on the record.

[00:15:28] Speaker 02:
All right. But that's outside. That's the stay. It's not on the dismissal and there's no reconsideration to tie in. So...

[00:15:39] Speaker 02:
You're asking us to take account of the motion to stay as evidence of the dismissal?

[00:15:45] Speaker 00:
As evidence of what the oral argument, well, on the basis of what the bankruptcy court decided to dismiss this case on.

[00:15:55] Speaker 01:
Well, I mean, is the idea that the first factor for a stay is likelihood of success and somehow that articulates likelihood of success because it reiterates what the bankruptcy court said with the dismissal?

[00:16:07] Speaker 01:
That's a bit of a, you know, that's a string.

[00:16:13] Speaker 01:
It's not exactly what we're used to in terms of evidence supporting a finding, but okay, if that's what you got, we can decide what to do with that.

[00:16:26] Speaker 00:
In addition to this, to briefly address some of the assertions made by Mr. Miles regarding the plan payments and setting aside his objection to claim, the three proposed Chapter 13 plans that Mr. Miles himself signed off on, In Section 5A of each of these plans provides for domestic support, direct payment of domestic support obligations to Mr. Miles' former spouse of $3,000 a month.

[00:16:57] Speaker 00:
And so Biden's on admission that he did owe those domestic support obligations. And because of the arrears in his PAM payments and the delinquency, our office asserts that the Bankruptcy Court did not that the bankruptcy court did not abuse discretion in dismissing the debtor's case.

[00:17:21] Speaker 00:
And as such, I am not prepared to answer any, if the panel has any additional questions.

[00:17:26] Speaker 01:
Okay. Judge Spraker. I don't either. Okay. Thank you very much. And we'll go back to Mr. Miles.

[00:17:33] Speaker 01:
You got about five minutes.

[00:17:35] Speaker 04:
Okay. That spousal maintenance take after I was removed from bankruptcy. It was so planned. It came afterwards. I was in bankruptcy, and next thing you know, I got a court date on June 15th. Now, how did her lawyer know that? And number two, Your Honor, I'm in the appeals court in COA in Washington, and the 7.2E was violated. It should have...

[00:18:05] Speaker 04:
the order should have never came to bankruptcy because he didn't go to the appellate court to ask for leave to file this motion.

[00:18:20] Speaker 01:
Okay. Please continue.

[00:18:24] Speaker 04:
So, you know, I'm not a lawyer and I'm just a He didn't pay none of my credit cards. He didn't pay the mortgage. Somebody else got into my bingo and said, pay the mortgage. Person, I don't even know, Your Honor. It's just, this case is unbelievable what's going on here.

[00:18:57] Speaker 04:
And I have record of all this stuff. I can prove everything I'm saying.

[00:19:03] Speaker 02:
Again, Mr. Miles, that's the problem with the appeal. The appeal only looks at what has been done and based upon the record that those actions were taken.

[00:19:16] Speaker 02:
But you filed an appeal of the dismissal.

[00:19:22] Speaker 02:
Right. And the only document that we have discussed is the claim objection, which I understand you dispute, but that's not before us on the dismissal. Thank you, Your Honor. But the problem is, unfortunately, the record's fixed, right? I mean, we've had the appeal, and now's the time for the decision. So this is not a continuing discussion. It is the argument, and then we'll take the matter undecided. So that's the problem that I'm raising that we're having is that this appeal is fixed, and we don't have much of what you're arguing.

[00:19:59] Speaker 02:
Interesting.

[00:20:04] Speaker 02:
So any final comments or matters you want to wrap up with?

[00:20:11] Speaker 04:
Well, I can't do anything if you don't have the evidence. This is what happened, Your Honor. I understand what you're saying, but I was wrongly dismissed from Chapter 13.

[00:20:32] Speaker 01:
Okay, well, that's...

[00:20:34] Speaker 01:
we're hearing that. If we're all set, we'll thank you very much for appearing today, especially because it looks like it wasn't very convenient for you, Mr. Miles. Thank you very much. Okay.

[00:20:45] Speaker 04:
Thank you.

[00:20:46] Speaker 01:
Okay. The matter's submitted and we'll get you a written decision as soon as we can.

[00:20:50] Speaker 04:
Appreciate it.

[00:20:52] Speaker 01:
Okay. Thank you.

[00:20:56] Speaker 01:
Okay. We have