Reynolds
Reynolds v. Swedelius (In re Reynolds)
Opinion
Lead Opinion
MEMORANDUM **
Kathryn Lynn Reynolds appeals a decision of the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirming Bankruptcy Judge Klein’s granting of Jessica Swedelius’ motion for reconsideration. We review de novo a decision of the BAP, “conducting an independent review of the bankruptcy court’s decision without deferring to the BAP.” Turtle Rock Meadows Homeowners Ass’n v. Slyman (In re Slyman), 234 F.3d 1081, 1085 (9th Cir.2000). We review for abuse of discretion a bankruptcy court’s decision to grant a motion for reconsideration. Arrow Elecs., Inc. v. Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir.2000).
The bankruptcy court did not abuse its discretion in granting Swedelius’ motion for reconsideration and in considering her opposition, because Reynolds had not properly served Swedelius with her Motion to Avoid Lien. See Bankr. E.D. Cal. R. 1001-1(f) (“The Court may make such orders supplementary or contrary to the provisions of these Rules as it may deem appropriate and in the interests of justice in any particular proceeding.”); Beneficial Cal., Inc. v. Villar (In re Villar), 317 B.R. 88, 94 (9th Cir. BAP 2004) (“Before a court can enter a default judgment,…