Smith v. Rush

MEMORANDUM **

Geraldine Kay Smith appeals pro se from the Bankruptcy Appellate Panel’s *163 (“BAP”) judgment affirming the bankruptcy court’s orders dismissing her adversary proceeding for lack of prosecution and denying her motion for reconsideration. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo the BAP’s decision, Simpson v. Burkart (In re Simpson), 557 F.3d 1010, 1014 (9th Cir.2009), and we affirm.

The bankruptcy court properly concluded that service of the adversary complaint on Attorney James W. Gardner was not sufficient service on defendants because the record does not establish that Gardner had express or implied authority to accept service of process on their behalf. See Rubin v. Pringle (In re Focus Media Inc.), 387 F.3d 1077, 1081, 1083 (9th Cir.2004) (explaining that the critical inquiry in determining whether an attorney is authorized to accept service of process is whether “the client acted in a manner that expressly or impliedly indicated the grant of such authority,” and reviewing de novo whether service of process is sufficient (citation omitted)); Beneficial Cal., Inc. v. Villar (In re Villar), 317 B.R. 88, 93-94 (B.A.P. 9th Cir.2004)…