Perry v. Key Auto Recovery (In Re Perry)

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT DEC 1 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS In re: AVRAM MOSHE PERRY, No. 13-60098 Debtor, BAP No. 12-1313 AVRAM MOSHE PERRY, MEMORANDUM* Appellant, v. KEY AUTO RECOVERY; CHASE AUTO FINANCE, Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Dunn, Kirscher, and Pappas, Bankruptcy Judges, Presiding Submitted November 18, 2014** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Avram Moshe Perry appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s order denying Perry’s motion to reconsider the bankruptcy court’s prior order directing that an adversary proceeding be closed. 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 Perry’s motion to reconsider its judgment because appellant failed to establish any basis for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. AcandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (setting forth grounds for reconsideration). Perry’s motion to supplement his excerpts of record is granted. Perry’s requests for judicial notice are denied as unnecessary. AFFIRMED. 2 13-60098