Rivera v. Curry (In re Rivera)
- Citation:
- No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
- Tag(s):
-
- Ruling:
- Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
- Procedural context:
- Debtor appealed from an order of the bankruptcy court dismissing his chapter 13 case.
- Facts:
- Debtor neither responded to Trustee's plan objection nor appeared at the hearing on the objection. Subsequent to, and on the same day as the hearing, at which the bankruptcy court ruled that the case would be dismissed, Debtor filed a notice converting his bankruptcy from chapter 13 to chapter 7. Debtor did not give notice to the bankruptcy court, which subsequently entered the dismissal order.
- Judge(s):
- Kurtz, Davis, and Kirscher.
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