In Re Thomas D. Willet, Debtor. John L. Jones v. Thomas D. Willet

87 F.3d 1326 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Thomas D. WILLET, Debtor. John L. JONES, Appellant, v. Thomas D. WILLET, Appellee. No. 94-16871. United States Court of Appeals, Ninth Circuit. Submitted March 14, 1996. * Decided June 17, 1996. 1 Before: HALL, BRUNETTI Circuit Judges, and WEINER ** District Judge. 2 MEMORANDUM *** 3 Creditor-Appellant John L. Jones appeals the district court orders affirming the bankruptcy court's judgment in this matter. We affirm. I. 4 As a preliminary matter, we deny Jones' motion to remand this matter to the bankruptcy court, and in the alternative, to augment the record with newly discovered evidence. 5 Since filing his appeal, Jones has discovered new evidence suggesting that Willet is no longer retired, but is in fact a First Officer for Southwest Airlines. Pursuant to Crateo, Inc. v. Intermark, Inc., 536 F.2d 862, 869 (9th Cir.), cert. denied, 429 U.S. 896 (1976), Jones submitted a motion to the bankruptcy court…