Tuli

Tuli v. Sprecher Energie A.G.

Good Law
21 F. App'x 567
United States Court of Appeals for the Ninth CircuitJune 15, 2001Nos. 99-16871, 99-16910; BAP Nos. AZ-97-01124-PRMe, AZ-97-01421-PRMe (Consolidated), AZ-98-1410-PRMe (Related)California644 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff Balbir Singh Tuli appeals pro se three orders of the bankruptcy court, relating to an adversary proceeding that he instituted against two Swiss companies. The Bankruptcy Appellate Panel (BAP) affirmed, as do we.

1. Dismissal Without Prejudice of Plaintiff’s Adversary Claim

In 1992, Plaintiff commenced an arbitration against Defendants before the In *569 ternational Chamber of Commerce (ICC) in Paris, as required by the relevant subcontracts for work on an Iraqi power station. A few weeks later, he filed an adversary proceeding against Defendants in bankruptcy court, pertaining to the same subcontracts.

In 1997, the bankruptcy court dismissed the adversary proceeding without prejudice. One of the alternative grounds for dismissal was failure to prosecute.

The bankruptcy court did not abuse its discretion. The ICC dismissed the arbitration in 1994, in part because Plaintiff had not paid the required fees. He did not restart the arbitration. Later in 1994, the bankruptcy court told Plaintiff that he had to file a motion to vacate the stay if he wanted to resume the adversary proceeding. He had not done so for 20 months when the bankruptcy court entered…

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