Mixon

MEMORANDUM **

Franklin Ivan Mixon appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s order denying his motion to reconsider. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo. Smith v. Pac. Props. & Dev. Corp., 358 F.3d 1097 , 1100 (9th Cir.2004). We may affirm on any basis supported by the record. Dittman v. California, 191 F.3d 1020 , 1027 n. 3 (9th Cir.1999). We affirm.

The BAP properly concluded that the bankruptcy court did not abuse its discretion when it denied the motion to reconsid *169 er because an automatic stay does not necessarily reinstate retroactively upon the vacation of a dismissal. See Sewell v. MGF Funding, Inc. (In re Sewell), 345 B.R. 174, 180 (9th Cir. BAP 2006).

Mixon’s contentions that he was denied due process lack merit. The record supports the bankruptcy court’s finding that Mixon and his attorney were properly served with the trustee’s motion to dismiss. Moreover, as a contested matter, the dismissal was not subject to the 10-day stay prescribed by Rule 62(a) of the Federal Rules of Civil Procedure and incorporated by Rule 7062 of the Federal Rules of Bankruptcy Procedure. See Fed.…