Thomason v. Thomason (In Re Thomason)
Opinion
Opinion
MEMORANDUM
Nicholas, Sandra, Byron, and Marilynn Thomason appeal pro se from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s denial of their Fed.R.Civ.P. 60(b)(6) motion for a new trial in their adversary proceeding against debtors Greg and Diana Thomason. We have jurisdiction under 28 U.S.C. § 158 (d). We independently review the bankruptcy court’s decision, Levander v. Prober (In re Levander), 180 F.3d 1114, 1118 (9th Cir.1999), and we affirm.
The bankruptcy court did not abuse its discretion by denying Appellants’ Rule 60(b)(6) motion alleging fraud upon the court. See Levander v. Prober (In re Levander), 180 F.3d 1114, 1119 (9th Cir.1999) (explaining that non-disclosure of evidence or perjury does not, by itself, generally constitute fraud upon the court).
Appellants have not shown a basis for recusal of the bankruptcy court judge. See 28 U.S.C. § 455 (b)(2) (explaining the grounds for recusal based on an association from prior practice).
We decline to consider arguments concerning fraud upon the court that Appellants raised for the first time on appeal. See United States v. Carlson, 900 F.2d 1346, 1349 (9th Cir.1990).