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In re Marinkovic

United States Court of Appeals, Ninth Circuit
Jun 13, 2007
234 F. App'x 567 (9th Cir. 2007)

Summary

holding that Marin's contentions lacked merit

Summary of this case from Marin v. Wells Fargo, N.A.

Opinion

Nos. 05-17204, 05-17205.

Submitted June 5, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 13, 2007.

Milivoj Marinkovic, Utica, NY, pro se.

Mel M. Marin, Vista, CA, pro se.

Rob Charles, Esq., Lewis Roca, LLP, Tucson, AZ, for Appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Klein, Montali, and Smith, Bankruptcy Judges, Presiding. BAP No. AZ-03-01431-KMoS.

Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Mel M. Marin appeals pro se from a decision of the Bankruptcy Appellate Panel ("BAP") affirming the bankruptcy court's order denying a motion for relief from judgment in a bankruptcy case in which Marin's father, Milivoj Marinkovic, is the debtor. We have jurisdiction under 28 U.S.C. 158(d). We review for abuse of discretion, Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985), and we affirm.

Because Marin's motion was made eighteen months after the bankruptcy court's order, the BAP did not err in concluding that the motion was untimely under Rule 60(b)(1), (2), and (3), which require that motions be brought within one year. See Fed.R.Civ.P. 60(b); Lake v. Capps (In re Lake), 202 B.R. 751, 759 n. 8 (9th Cir.BAP 1996).

The BAP also correctly ruled that the motion did not satisfy any of the grounds enumerated in Rule 60(b)(4), (5), and (6). See Fed.R.Civ.P. 60(b); Backlund, 778 F.2d at 1388.

Marin's remaining contentions lack merit.

AFFIRMED.


Summaries of

In re Marinkovic

United States Court of Appeals, Ninth Circuit
Jun 13, 2007
234 F. App'x 567 (9th Cir. 2007)

holding that Marin's contentions lacked merit

Summary of this case from Marin v. Wells Fargo, N.A.

holding that Marin's contentions lacked merit

Summary of this case from Marin v. Escondido Care Ctr.

holding that Marin's contentions lacked merit

Summary of this case from Marin v. Escondido Care Ctr.
Case details for

In re Marinkovic

Case Details

Full title:In re: Milivoj MARINKOVIC, Debtor, Milivoj Marinkovic, Appellant, v…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 13, 2007

Citations

234 F. App'x 567 (9th Cir. 2007)

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