Fanning

Fanning v. Alta Gold Co.

Good Law
236 F. App'x 266
United States Court of Appeals for the Ninth CircuitMay 25, 2007Nos. 05-15580, 05-15593California573 words

Opinion

Lead Opinion

MEMORANDUM **

Golden Chain appeals the district court’s decision to uphold the bankruptcy court’s denial of Golden Chain’s motion either to reopen the bankruptcy case under 11 U.S.C. § 350 (b) or to give Golden Chain relief from judgment under Fed.R.Civ.P. 60(b).

A bankruptcy court’s decision not to reopen a bankruptcy case is reviewed for abuse of discretion. See Weiner v. Perry, Settles & Lawson, Inc. (In re Weiner), 161 F.3d 1216, 1217 (9th Cir.1998). Given the length of time the case was closed and the opportunities that Golden Chain’s predeeessors-in-interest had to raise the concerns now asserted by Golden Chain, the bankruptcy court did not abuse its discretion in refusing to reopen the case after three years. See Vasquez v. Adair (In re Adair), 253 B.R. 85, 89 (9th Cir. BAP 2000) (“[I]t is appropriate to consider the length of time between closure of the case and the request to reopen.”).

Nor does this court’s decision in McGhan v. Rutz (In re McGhan), 288 F.3d 1172 (9th Cir.2002), require the bankruptcy court to reopen the case in order to consider issues that Golden Chain argues are under the exclusive jurisdiction of the *268 bankruptcy court. The abuse of discretion…

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