In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, Appellee
Opinion
Opinion
Brunetti, J.
In this appeal, we must decide whether the bankruptcy court properly dismissed this case for failure to prosecute under Fed. R.Civ.P. 41(b). We have jurisdiction under 28 U.S.C. § 1293 (a). Because we find dismissal warranted in this case, we affirm the decision of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court’s dismissal of the action.
I. FACTS AND PRIOR PROCEEDINGS
On February 18,1982, an involuntary petition in bankruptcy under Chapter 11 was filed on behalf of Golden Plan of California, Inc. and its related entities (“Golden”). Ap-pellee Melvyn CoBen (“CoBen”) is the trustee of the Golden bankruptcy estate. Numerous deeds of trust were included in the estate’s assets, including several against the properties which are the subject of the instant appeal. In or around 1984, Golden began foreclosure proceedings against those properties.
On September 12, 1984, William Eisen (“Eisen”) filed a Chapter 11 petition in bankruptcy. On December 18,1984, this Chapter 11 petition was converted to a Chapter 7, and Appellant Richard Moneymaker (“Moneymaker”) became the trustee of the Eisen bankruptcy estate.