Planet Pro, Inc. v. Planet Pro, Inc.

MEMORANDUM *

Debtor Planet Pro, Inc. (“Planet Pro”) appeals from the district court’s order remanding Seetarama Sarma’s adversary proceeding, and Mr. Sarma (“Sarma”) cross-appeals from the district court’s order remanding the confirmation of Planet Pro’s reorganization plan. We reverse the order remanding the adversary proceeding, and we dismiss Sarma’s cross-appeal as moot.

I

The bankruptcy court did not abuse its discretion in striking as untimely Sarma’s direct testimony statement pursuant to the local rules of the bankruptcy court. Bankruptcy courts may require all testimony and evidence to be submitted in writing prior to trial. Lee-Benner v. Gergely (In re Gergely), 110 F.3d 1448, 1451-52 (9th Cir.1997). A bankruptcy court does not abuse its discretion when it excludes evidence that was not submitted pursuant to the specified procedure. Id. at 1452 . Here, it is clear that the evidence was submitted after the time permitted by the local rules of the bankruptcy court. Under our deferential standard of review, we conclude that the bankruptcy court did not abuse its discretion in excluding the testimony. We therefore reverse the district court’s order remanding the adversary…