- Case Type:
- Case Status:
- BAP No. NV-20-1117-FBT (9th Circuit, Dec 07,2020) Not Published
- BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing chapter 13 case and adversary proceeding and denying as moot numerous motions of pro se debtor, including motion for reconsideration. Bankruptcy court did not abuse discretion dismissing case based on debtor's lack of income, which rendered plan unfeasible, and mooted related adversary. Bankruptcy court did not abuse discretion in denying motion for reconsideration that was untimely and failed to identify newly discovered evidence, establish clear error, or identify an intervening change in law.
- Procedural context:
- Over debtor's objection, bankruptcy court (D. Nev.) granted chapter 13 trustee's motion to dismiss case and sua sponte dismissed related adversary over debtor's objection. Debtor appealed to BAP for 9th Circuit.
- Repeat-filing debtor was engaged in multiple legal fights that spanned decades. Principal fights opposed foreclosure on real properties and ownership of property, as well as failure to pay child support. Notwithstanding dismissals of three prior bankruptcies, debtor filed chapter 13 pro se and commenced adversary seeking to contest child support liability and foreclosure rulings. Chapter 13 trustee trustee moved to dismiss bankruptcy as being filed in bad faith. Dismissed bankruptcy and sua sponte issued order to show cause for dismissal of adversary.
- Faris, Brand, Taylor
3217 in the system
1 Being Processed