Bogart

Bogart v. Moldo

Good Law
48 F. App'x 681
United States Court of Appeals for the Ninth CircuitOctober 11, 2002Nos. 01-35716, OR-00-01024-KRYBCalifornia292 words

Opinion

Lead Opinion

MEMORANDUM **

Peter D. Bogart appeals pro se from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order dismissing his adversary proceeding alleging that Byron Z. Moldo violated the automatic stay by acting as a state-appointed receiver to enforce a state court judgment in favor of the California Coastal Commission. We affirm.

We lack jurisdiction to address Bogart’s contentions regarding the merits of the BAP’s original entry of judgment because he failed to file a timely notice of appeal or a timely post-judgment tolling motion. See Fed. R.App. P. 4(a)(4)(B)(ii). Accordingly, the scope of Bogart’s appeal is limited to the denial of his motion for reconsideration and clarification.

We have jurisdiction to review the BAP’s denial of Bogart’s motion for reconsideration under 28 U.S.C. § 158 . The BAP did not abuse its discretion in denying Bogart’s motion for reconsideration because he failed to demonstrate mistake, inadvertence, surprise, excusable neglect, newly-discovered evidence, or any other basis for relief. See Fed.R.Civ.P. 60(b); Fed. R. Bankr.P. 9024; Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th…

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