Bridge Express, Inc. v. Priority First Properties, LLC

MEMORANDUM **

*938 James A. Ashpole appeals pro se the Bankruptcy Appellate Panel’s (“BAP”) order affirming the bankruptcy court’s denial of his motions pursuant to Fed.R.Civ.P. 60(b)(4) and (6) to set aside default judgments. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review de novo decisions of the BAP, and we review the bankruptcy court’s conclusions of law de novo and its findings of fact for clear error. Hanf v. Summers (In re Summers), 332 F.3d 1240, 1242 (9th Cir.2003). We affirm.

The bankruptcy court did not clearly err in concluding that the Bankruptcy Trustee served his complaint and summons at Ash-pole’s “dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.” Fed. R. Bankr.P. 7004(b)(1). Ashpole failed to present evidence sufficient to rebut the presumption of receipt. See Moody v. Bucknum (In re Bucknum), 951 F.2d 204, 206-07 (9th Cir.1991) (per curiam) (holding that an affidavit simply stating notice was not received will not defeat the presumption that notice properly addressed and mailed was received). To the extent Ashpole contends his constitutional rights were violated, that…