Tuli

Tuli v. Sprecher + Schuh Group (In re Tuli)

Good Law
143 F. App'x 849·335 B.R. 849
United States Court of Appeals for the Ninth CircuitSeptember 16, 2005No. 04-15869California323 words

Opinion

Lead Opinion

MEMORANDUM **

Balbir Singh Tuli appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s denial of Tub’s motion to treat his prior motions to renew and reinstate as motions to withdraw the reference to district court or in the alternative to transfer his case to a district court in another state. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We treat the denial of Tub’s motion as a denial of reconsideration and review for abuse of discretion the bankruptcy court’s decision. 1 See Weiner v. Perry, Settles & Lawson, Inc. (In re Weiner), 161 F.3d 1216, 1217 (9th Cir.1998) (noting that this court reviews the bankruptcy court’s orders independently of the BAP’s decision). We affirm.

The bankruptcy court acted within its discretion when it decbned to reopen adversary proceedings it had dismissed over five years earlier for failure to prosecute, because Tub demonstrated no extraordinary circumstances and did not explain or excuse his own delays and failure to file his action in another forum. See Liljeberg v. Health Serv. Acquisition Corp., 486 U.S. 847, 864 , 108 S.Ct. 2194 , 100 L.Ed.2d 855 (1988) (“[Federal Rule of Civil…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.