West

West v. Broach

Good Law
126 F. App'x 418
United States Court of Appeals for the Ninth CircuitApril 13, 2005Nos. 04-16437, NC-03-01611-PBACalifornia362 words

Opinion

Lead Opinion

MEMORANDUM **

Michael A. West appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s denial of West’s motion to reconsider its earlier order refusing to reopen West’s bankruptcy case to permit him to sue the Chapter 7 trustee for alleged misconduct in the administration of the estate. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review for abuse of discretion the bankruptcy court’s denial of a motion to reconsider. 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.

*419 The bankruptcy court properly denied West’s motion because West did not satisfy the requirements of Federal Rule of Civil Procedure 60(b)(2), or establish that relief from the bankruptcy court’s order denying his first motion to reopen was otherwise warranted. See Hayes v. Palm Seedlings Partners-A (In Re Agric. Research and Tech. Group, Inc.), 916 F.2d 528, 542 (9th Cir.1990) (motion for reconsideration may be properly denied where the motion fails to state new facts).

West contends that the…

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