Berg

MEMORANDUM **

The appellant and debtor, Jerome Berg, appeals the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s grants of summary judgment to the Trustee, Charles Sims, and to the State Bar of Arizona, and affirming a fee award to the Trustee’s attorney, Paul Goldsmith. Because we find Berg’s arguments to be totally without merit, we affirm.

Berg’s claim against Trustee Sims is barred by the res judicata effect of the bankruptcy court’s earlier Sale Order, and the appeals therefrom, because (1) the parties are identical; (2) the claim of mishandling the sale of the Newsom Action is the same; and (3) the bankruptcy court resolved the claim by a valid and final judgment on the merits. See Robertson v. Isomedix, Inc. (In re Int’l Nutronics, Inc.), 28 F.3d 965, 969 (9th Cir.1994); FDIC v. Jenson (In re Jenson), 980 F.2d 1254, 1256 (9th Cir.1992).

Berg’s alleged “new” evidence was available before the auction and Sale Order. The evidence relates directly to the issue of the alleged mishandling of the Newsom Action sale, which the bankruptcy court conclusively adjudicated in entering the Sale Order. “Res judicata bars all grounds for recovery…