Northern California Small Business Financial Development Corp. v. Bellow

MEMORANDUM

Northern California Small Business Financial Development Corporation (“Nor-Cal”) appeals from the Bankruptcy Appellate Panel’s (“BAP”) affirmance of the bankruptcy court’s entry of judgment against it following a bench trial on an adversary proceeding filed by Nor-Cal against chapter 7 debtors Arnold and Gayle Bellow (“the Bellows”). 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. Because the parties are familiar with the history of this case, we need not recount it here.

I

Under our deferential standard of review, we conclude that the bankruptcy court did not abuse its discretion in denying the joint motion for a continuance of the trial. Motions for continuance are generally evaluated according to the factors articulated in United States v. Flynt, 756 F.2d 1352, 1359 (9th Cir.1985). Those factors are: (1) the extent of appellant’s diligence in his efforts to ready his case prior to the date set for hearing; (2) how likely it is that the need for a…