McKenna v. Hitt (In Re McKenna)

FILED NOT FOR PUBLICATION NOV 30 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: DEVON JOHN McKENNA; No. 13-60091 CYNTHIA McKENNA, BAP No. 12-1260 Debtors, MEMORANDUM* DEVON JOHN McKENNA; CYNTHIA McKENNA, Appellants, v. MICHAEL D. HITT, Chapter 7 Trustee; et al., Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Markell, Kirscher, and Jury, Bankruptcy Judges, Presiding Submitted November 18, 2015** Before: TASHIMA, OWENS, and FRIEDLAND, 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). Chapter 7 debtors Devon John and Cynthia McKenna appeal pro se from the Bankruptcy Appellate Panel’s (“BAP”) order denying their motion for rehearing. We have jurisdiction under 28 U.S.C. § 158(d). We review for an abuse of discretion. In re Fowler, 394 F.3d 1208, 1214 (9th Cir. 2005). We affirm. The district court did not abuse its discretion by denying the McKennas’ motion for rehearing because the McKennas failed to raise any point of law or fact allegedly overlooked or misapprehended by the BAP concerning their lack of standing to prosecute the adversary proceeding. See id. We reject the McKennas’ contention that the bankruptcy judge was biased against them. AFFIRMED. 2 13-60091