Danny Pryor v. Itec Financial, Inc.

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 RW Investment Co., 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 and to cooperate in the discovery process. 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).

The bankruptcy court did not err in granting default…