Mychelle Moxley v. Michael Perry

MEMORANDUM

Mychelle Moxley appeals the Bankruptcy Appellate Panel’s (“BAP”) affirmance of the bankruptcy court’s judgment denying reconsideration of its dismissal of Moxley’s adversary action. That action challenged the debtor’s discharge under various provisions of the Bankruptcy Code, 11 U.S.C. § 727 (a). We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review BAP decisions de novo, applying 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 decision of the bankruptcy court, albeit on somewhat different grounds than those offered by the BAP.

1. Moxley’s notice of appeal did not put the debtor, Perry, on notice of— and thus denied him the opportunity to respond to—her arguments regarding vacation of a default judgment and denial of summary judgment. Le v. Astrue, 558 F.3d 1019, 1022-23 (9th Cir. 2009). But, Moxley’s intent to appeal the bankruptcy court’s denial of her second motion for reconsideration and leave to amend can be fairly inferred and Perry had an opportunity to respond to those issues. The BAP therefore erred in failing to…