In Re Thomas W. Nelson, Debtor. Iman Santaso James Subekti v. Thomas Nelson, Individually and Dba Thomas Nelson Construction, Debtor-Appellee

Good Law
99 F.3d 1146·1996 WL 560213·1996 U.S. App. LEXIS 40431
United States Court of Appeals for the Ninth CircuitSeptember 30, 199695-15290California1,082 words

Opinion

Opinion

99 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 W. NELSON, Debtor. Iman SANTASO; James Subekti, Plaintiffs-Appellants, v. Thomas NELSON, individually and dba Thomas Nelson Construction, Debtor-Appellee. No. 95-15290. United States Court of Appeals, Ninth Circuit. Submitted Sept. 19, 1996. * Decided Sept. 30, 1996. 1 Before: BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge. ** 2 MEMORANDUM *** 3 Plaintiffs Iman Santaso and James Subekti appeal the district court's order affirming a bankruptcy court order. Plaintiffs contend that the bankruptcy court abused its discretion when Bankruptcy Judge Ford granted Debtor Thomas Nelson's motion to dismiss for untimely service pursuant to then-Fed.R.Civ.P. 4(j) (now amended and published as Fed.R.Civ.P. 4(m)). Plaintiffs make two arguments: (1) that Judge Ford improperly reconsidered Judge Klein's oral decision to extend the time in which to perfect service, and (2) that Judge Ford abused his…

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