Velasquez

MEMORANDUM **

Rodolfo Velasquez appeals pro se from an order of the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order dismissing his Chapter 13 petition, without prejudice, on the basis of bad faith under 11 U.S.C. § 1307 (c). We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review the decision of the BAP de novo, the bankruptcy court’s finding of bad faith for clear error, and the dismissal for an abuse of discretion. Leavitt v. Soto (In re Leavitt), 171 F.3d 1291 , 1222-23 (9th Cir.1999). We affirm.

The bankruptcy court did not commit clear error in finding that Velasquez filed for bankruptcy in bad faith because the record shows that Velasquez filed the action to defeat a state court judgment, failed to disclose all of his assets, and lacked any financial need for the bankruptcy. See id. at 1224 (explaining that bad faith is determined by the totality of the circumstances, including whether the debt- or filed his petition in an inequitable manner, omitted assets, and only intended to defeat state court litigation). Velasquez’s contention regarding amendment is unavailing because even if he had been allowed to amend his schedules…