Romano v. La Vecchia (In Re Romano)

MEMORANDUM

Frank and Maria Romano appeal the judgment of the Bankruptcy Appellate Panel (“the BAP”) affirming the bankruptcy court’s order that the Romanos’ judgment against Rudolph LaVecchia and Rudolph M. LaVecchia was unenforceable. We have jurisdiction pursuant to 28 U.S.C. § 158 (d)(1). We affirm.

We review the decision of the BAP de novo and apply the same standard of re view that the BAP applied to the bankruptcy court’s ruling. In re Boyajian, 564 F.3d 1088, 1090 (9th Cir.2009). We review the bankruptcy court’s conclusions of law de novo and its findings of fact for clear error. In re Salazar, 430 F.3d 992, 994 (9th Cir.2005).

Federal Rule 69, applicable in bankruptcy court through Rule 7069 of the Federal Rules of Bankruptcy Procedure, provides that the procedures for execution of a money judgment entered by a federal court are governed by the state where the court is located. Fed.R.Civ.P. 69; Fed. R. Bankr.P. 7069. The parties do not dispute that Nevada law applies.

Under Nevada law, a judgment expires six years after it is entered, unless the judgment is renewed during the ninety-day period prior to its expiration. See Nev.Rev.Stat. §§ 17.214, 11.190(l)(a); Leven v.…