In re Kellander

MEMORANDUM ***

David Smyth appeals the BAP order affirming sanctions entered against him by the bankruptcy court. The bankruptcy court sanctioned Smyth for filing a frivolous 11 U.S.C. § 522 (f) motion to avoid a judgment lien and for filing the motion for an improper purpose. We have jurisdiction pursuant to 28 U.S.C. § 158 (d) and review the sanctions for an abuse of discretion. In re Rainbow Magazine, Inc., 77 F.3d 278, 283 (9th Cir.1996). We affirm.

Because the parties are familiar with the facts of this case, we will not recite them in this decision in detail. Smyth argues that the bankruptcy court failed to make adequate findings. The bankruptcy court found that the judgment lien secured a child support debt, that a child support lien could not be avoided under § 522(f) and that Smyth filed the motion for an improper purpose - “to shake things up.” The evidence in the record supports the bankruptcy court’s findings that the § 522(f) motion to avoid the child support lien was frivolous and filed for an improper purpose.

Smyth also argues that the bankruptcy court could not sanction him because he effectively withdrew the § 522(f) motion prior to the order to show cause by…