Ozenne

MEMORANDUM **

Gary Ozenne appeals pro se the district court’s order affirming the bankruptcy court’s order denying his motion to set aside the dismissal of a prior Chapter 13 proceeding. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo, In re Fowler, 394 F.3d 1208, 1212 (9th Cir.2005), and we affirm.

The record shows the bankruptcy court dismissed Ozenne’s fifth bankruptcy proceeding because the parties stipulated to a payment plan and the Trustee moved to dismiss. Ozenne filed two subsequent bankruptcies before seeking to set aside the dismissal in his fifth proceeding. The bankruptcy court denied Ozenne’s request to set aside the dismissal of this proceeding because there was no evidence that Ozenne had made or could make all of the plan payments, see 11 U.S.C. § 1307 (c) (bankruptcy court may dismiss Chapter 13 proceeding for reasons including “material default by the debtor with respect to a term of a confirmed plan”), and Ozenne could have raised contentions about the title of his home in subsequently-filed proceedings, see, e.g., Nash v. Kester (In re Nash), 765 F.2d 1410, 1413 (9th Cir.1985) (“A debtor is not barred by res judicata from listing debts in a…