IN RE: Alan M. BARTLETT; Luz Marina Bartlett-Moran (2020)
United States Court of Appeals, Ninth Circuit.
IN RE: Alan M. BARTLETT; Luz Marina Bartlett-Moran, Debtors, Alan M. Bartlett, Appellant, v. David A. Birdsell, Chapter 7 Trustee, Appellee.
IN RE: Alan M. Bartlett; Luz Marina Bartlett-Moran, Debtors, Alan M. Bartlett, Appellant, v. Citibank, South Dakota, N.A., Appellee.
No. 18-60066, No. 18-60067
Decided: April 13, 2020
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Alan M. Bartlett, Pro Se David A. Birdsell, Pro Se Jon S. Musial, Esquire, Attorney, Law Office of Jon S. Musial, Scottdale, AZ, for Appellee
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.” (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.
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