Harris v. Bank of America NA Ex Rel. LaSalle Bank NA (In Re Harris)

MEMORANDUM

Debtor-Appellant Robert Harris appeals the bankruptcy appellate panel’s (BAP) affirmance of the bankruptcy court’s dismissal of his third amended complaint without leave to amend. We affirm.

We “eonduct[ ] an independent review of the bankruptcy court’s decision without deferring to the BAP.” In re Sabban, 600 F.3d 1219, 1221 (9th Cir.2010) (internal quotations removed). We review a bank Ruptcy court’s decision on a motion to dismiss de novo. In re Warren, 568 F.3d 1113, 1116 (9th Cir.2009). However, we review for abuse of discretion a denial of leave to amend by a bankruptcy court. Ditto v. McCurdy, 510 F.3d 1070, 1079 (9th Cir.2007). We may affirm the BAP’s result on any ground supported by the record. See In re Jones, 657 F.3d 921, 924 (9th Cir.2011) (citing In re Leavitt, 171 F.3d 1219,1223 (9th Cir.1999)).

Harris, a pro se party below, argues that the bankruptcy court failed to provide “wide latitude” when construing his pleadings. We reject this argument. First, Harris failed to allege tender plausibly. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009). An allegation of tender is required when asserting wrongful foreclosure and…