Edward Negrete, Jr. v. Citizens State Bank , 659 F. App'x 439 ( 2016 )

FILED
NOT FOR PUBLICATION OCT 05 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: EDWARD NEGRETE, Jr., No. 14-60056
Debtor. BAP No. 13-1557
______________________________
EDWARD NEGRETE, Jr., MEMORANDUM*
Appellant,
v.
CITIZENS STATE BANK,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Pappas, Kirscher, and Taylor, Bankruptcy Judges, Presiding
Submitted September 27, 2016 **
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
*
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).
Chapter 7 debtor Edward Negrete, Jr. appeals pro se from a judgment of the
Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s orders
denying his motion for contempt and his motion for reconsideration under Fed. R.
Civ. P. 59(e). 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 affirm.
The bankruptcy court did not abuse its discretion in denying Negrete’s
motion for contempt because Negrete failed to demonstrate that Citizens State
Bank violated a court order. See In re Icenhower, 755 F.3d 1130, 1139 (9th Cir.
2014) (“A party may be held in civil contempt only if it violated a specific and
definite order of the court” (citations and internal quotation marks omitted)).
The bankruptcy court did not abuse its discretion in denying Negrete’s
motion under Rule 59(e) because Negrete failed to demonstrate any basis for relief.
See Fed. R. Bankr. P. 9023 (making Fed. R. Civ. P. 59 applicable to bankruptcy
cases); Zimmerman v. City of Oakland, 255 F.3d 734, 740 (9th Cir. 2001)
(discussing factors for granting a motion for reconsideration under Fed. R. Civ. P.
59(e)).
AFFIRMED.
2 14-60056