Eisen
Eisen v. Golden
Opinion
Lead Opinion
MEMORANDUM **
Debtor William Eisen seeks review of the bankruptcy court’s decisions to allow a claim filed by a judgment creditor and to disallow a claim of an alleged creditor. The district court did not, however, reach the merits of these rulings, but rather granted the trustee’s motion to dismiss for Eisen’s failure to prosecute, lack of standing, and mootness. We decline Eisen’s invitation to ignore the district court’s order and review the underlying merits of the bankruptcy court’s rulings. Rather, we affirm the district court’s order dismissing Eisen’s appeal.
DISCUSSION
1. Failure to Prosecute
There is no dispute that Eisen did not timely file materials required to perfect his appeal to the district court. Bankruptcy rules specifically provide for dismissal when the appellant fails “to take any step other than the timely filing of a notice of appeal----” Fed. R. Bankr.P. 8001(a). Moreover, factors that we have previously identified as relevant support the district court’s dismissal. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir.2002) (listing factors), cert. denied, 538 U.S. 909 , 123 S.Ct. 1481 , 155 L.Ed.2d 230 (2003). “[T]he public’s interest in expeditious…