Nick Alden v. Edward Wolkowitz

MEMORANDUM

Nick Alden, a California attorney, appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s entry of default judgment. We have jurisdiction under 28 U.S.C. § 158 (d)(1). Reviewing de novo, Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir.2009), we affirm.

This appeal arises out of the Chapter 7 bankruptcy proceeding of Tina Chi Houng. Edward Wolkowitz, appellee and Trustee for the bankruptcy estate, filed an adversary proceeding against Alden seeking a determination that $250,000 in proceeds that Alden received from the sale of Houng’s residence was a fraudulent transfer. The bankruptcy court, after several hearings, granted the Trustee’s motion for entry of default judgment.

The bankruptcy court did not abuse its discretion in entering default judgment because Alden failed to file a timely answer, failed to attend the hearing on his own motion to set aside the order of default, and failed to present evidence establishing a dispute as to material facts after having several opportunities to do so. See Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir.1986) (setting forth the standard of review and…