Singh

Singh v. United States Trustee (In re Botello)

Good Law
86 F. App'x 330·305 B.R. 330
United States Court of Appeals for the Ninth CircuitJanuary 20, 2004No. 03-15733; BAP No. EC-02-01310-BMoRCalifornia407 words

Opinion

Lead Opinion

MEMORANDUM **

K Sean Singh, proceeding pro se, appeals a decision of the Bankruptcy Appellate Panel (the “BAP”) for the Ninth Circuit, which affirmed a bankruptcy court’s ruling refusing to set aside an order of sanctions. We have jurisdiction pursuant 28 U.S.C. § 58 (d). We affirm.

We review a decision of the BAP de novo, applying the same standard of review as did the BAP to the underlying bankruptcy court judgment. Lewis v. Scott (In re Lewis), 97 F.3d 1182, 1185 (9th Cir.1996). A court’s denial of a motion under Federal Rule of Civil Procedure 60(b) is reviewed for an abuse of discretion. Briney v. Burley (In re Burley), 738 F.2d 981, 988 (9th Cir.1984).

In his Rule 60(b) motion to set aside an order of sanctions, Singh argued that, because notice was improperly mailed to his Bakersfield office rather than his Orange County office, he did not receive actual notice of the order-to-show-cause hearing. The trustee, however, properly served Singh at his Bakersfield office. Constitutional due process requires that notice be “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present…

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