Alan Bartlett v. David Birdsell

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ALAN M. BARTLETT; LUZ No. 18-60066
MARINA BARTLETT-MORAN,
BAP No. 18-1093
Debtors,
------------------------------ MEMORANDUM*
ALAN M. BARTLETT,
Appellant,
v.
DAVID A. BIRDSELL, Chapter 7 Trustee,
Appellee.
In re: ALAN M. BARTLETT; LUZ No. 18-60067
MARINA BARTLETT-MORAN,
BAP No. 18-1096
Debtors,
------------------------------
ALAN M. BARTLETT,
Appellant,
v.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
CITIBANK, SOUTH DAKOTA, N.A.,
Appellee.
Appeals from the Ninth Circuit
Bankruptcy Appellate Panel
Taylor, Brand, and Kurtz, Bankruptcy Judges, Presiding
Submitted April 7, 2020**
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Alan M. Barlett appeals pro se from the Bankruptcy Appellate Panel’s
(“BAP”) judgment dismissing as untimely his appeal from the bankruptcy court’s
judgments in two adversary proceedings. We have jurisdiction under 28 U.S.C.
§ 158(d). We review de novo. In re Delaney, 29 F.3d 516, 517-18 (9th Cir. 1994).
We affirm.
The BAP properly concluded that Alan’s notices of appeal were untimely.
See Fed. R. Bank. P. 8002(a) (providing that a notice of appeal shall be filed with
the bankruptcy clerk within 14 days of the date of entry of the judgment, order, or
decree appealed from); In re Delaney, 29 F.3d at 517-18 (“The provisions of
Bankruptcy Rule 8002 are jurisdictional; the untimely filing of a notice of appeal
deprives the appellate court of jurisdiction to review the bankruptcy court’s order.”
**
The panel unanimously concludes these cases are suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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18-60067
(internal citation omitted)). We reject as meritless Alan’s contentions that the
certificates of service of the complaints in the adversary proceedings were invalid.
See Fed. R. Bankr. P. 7004(b) (providing that service in bankruptcy adversary
proceedings may be made within the United States by first class mail).
Alan’s motions for oral argument (Docket Entries Nos. 6 and 13) and for
default judgment (Docket Entry No. 23) are denied.
AFFIRMED.
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