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NOT FOR PUBLICATION NOV 30 2015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