Smith v. Ust - United States Trustee, Phoenix

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JIM D. SMITH, Attorney, Chapter No. 24-170 Trustee, BAP No. 23-1048 Appellant,

MEMORANDUM*

v.

UST - UNITED STATES TRUSTEE,

PHOENIX,

Appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Lafferty, Corbit, and Faris, Bankruptcy Judges, Presiding

Submitted October 24, 2024** Phoenix, Arizona

Before: M. SMITH, BADE, and FORREST, Circuit Judges.

Appellant Jim D. Smith appeals from a decision of the Bankruptcy Appellate

Panel (BAP) affirming the bankruptcy court’s order granting relief under Federal

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Rule of Civil Procedure 60(b) from its prior order awarding Smith attorney’s fees

and instead awarding Smith a reduced amount of attorney’s fees. We review

decisions of the BAP de novo.…