Confidential 87/204 v. Roman Catholic Church

MEMORANDUM **

Claimant-Appellant appeals the district court’s affirmance of the bankruptcy court’s decision sustaining objections to his claim in the bankruptcy proceedings of the Roman Catholic Church of the Diocese of Tucson. We have jurisdiction under 28 U.S.C. § 158 (d) and 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s decision on appeal from a bankruptcy court, and review the bankruptcy court’s legal conclusions de novo and its factual determinations for clear error. Rains v. Flinn (In re Rains), 428 F.3d 893, 900 (9th Cir.2005).

The bankruptcy court did not err in concluding that Appellant’s claim was time-barred. The Official Committee of Tort Claimants objected to Appellant’s claim on the ground that he had failed to establish circumstances tolling the two-year statute of limitations for a personal injury cause of action under Arizona law. See Ariz.Rev.Stat. § 12-542(1) (West 2009) (establishing limitations period). The burden was accordingly on the Appellant to establish tolling of the limitations period, which absent tolling would have expired some 25 years prior to his filing of the proof of claim. See Ashford v. Consol. Pioneer Mortg. (In re…