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 2021-11

Dennis Baham v. Bank of New York ( 2021 )


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  •                                  NOT FOR PUBLICATION                      FILED
UNITED STATES COURT OF APPEALS                    NOV 18 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: DENNIS BAHAM,                                No. 20-60048
Debtor,                          BAP No. 20-1081
------------------------------
MEMORANDUM*
DENNIS BAHAM,
Appellant,
v.
BANK OF NEW YORK,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Taylor, Brand, and Gan, Bankruptcy Judges, Presiding
Submitted November 8, 2021**
Before:        CANBY, TASHIMA, and MILLER, Circuit Judges.
Dennis Baham appeals pro se from the judgment of the Bankruptcy
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Appellate Panel (“BAP”) affirming the bankruptcy court’s order imposing
sanctions. We have jurisdiction under
    28 U.S.C. § 158
    (d). We review de novo
BAP decisions and apply the same standard of review that the BAP applied to the
bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian),
    564 F.3d 1088
    , 1090 (9th Cir. 2009). We review for an abuse of discretion a bankruptcy
court’s award of sanctions. Miller v. Cardinale (In re DeVille),
    361 F.3d 539
    , 547
(9th Cir. 2004). We affirm.
The bankruptcy court did not abuse its discretion by imposing sanctions on
Baham under Bankruptcy Rule 9011 and its inherent authority because Baham
acted in bad faith and with an improper purpose in filing his bankruptcy petition.
See Fed. R. Bankr. P. 9011; Dressler v. Seeley Co. (In re Silberkraus),
    336 F.3d 864
    , 870 (9th Cir. 2003) (discussing when sanctions are warranted under Rule
9011); Caldwell v. Unified Capital Corp. (In re Rainbow Magazine, Inc.),
    77 F.3d 278
    , 284 (9th Cir. 1996) (bankruptcy courts have “inherent authority” to sanction
“bad faith” or “willful misconduct”).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright,
    587 F.3d 983
    , 985 n.2 (9th Cir. 2009).
AFFIRMED.
2                                       20-60048