Danny Pryor v. Rw Investment Company, Inc.
Opinion
Opinion
MEMORANDUM
Danny Wayne Pryor appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s decision that Pryor’s debt to ITEC Financial, Inc. was nondischargeable under 11 U.S.C. § 523 (a)(2)(A). We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.
The bankruptcy court did not abuse its discretion in striking Pryor’s answer and directing entry of default based on Pryor’s willful failure to attend a status conference, cooperate in the discovery process, and timely respond to the court’s order to show cause. See Halaco Eng’g. Co. v. Costle, 843 F.2d 376 , 379 (9th Cir.1988) (setting forth standard of review and explaining that this court will not reverse sanctions absent “a definite and firm conviction” that the lower court made “a clear error of judgment”); Malone v. U.S. Postal Serv., 833 F.2d 128, 130-33 (9th Cir. 1987) (setting forth five factors for court to weigh in determining whether severe sanction is appropriate).