Wladimer John KLIMENKO, Appellant, v. Rosendo GONZALEZ, Chapter 7 Trustee, Appellee.
Decided: December 15, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Wladimer John Klimenko, Pro Se D. Edward Hays, Esquire, Attorney, Laila Masud, Esquire, Attorney, Marshack Hays LLP, Irvine, CA, for Appellee
Chapter 7 debtor Wladimer John Klimenko appeals pro se from the district court's judgment affirming the bankruptcy court's order denying Klimenko's motion to set aside the default judgment in an adversary proceeding against him. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the bankruptcy court's conclusions of law and for clear error its findings of fact. Decker v. Tramiel (In re JTS Corp.), 617 F.3d 1102, 1109 (9th Cir. 2010). We affirm.
The bankruptcy court did not abuse its discretion by denying Klimenko's motion to set aside the default judgment under Federal Rule of Civil Procedure 60(b)(1) because Klimenko failed to demonstrate any basis for such relief. See Fed. R. Bankr. P. 9024 (making Fed. R. Civ. P. 60(b) applicable to bankruptcy cases); United States v. Aguilar, 782 F.3d 1101, 1105-07 (9th Cir. 2015) (setting forth standard of review and discussing factors to consider when a party seeks relief from a default judgment under Fed. R. Civ. P. 60(b)(1)); see also 11 U.S.C. § 727(a) (2005) (setting forth the rule for denial of discharge).
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