Opinion
No. 13-60011 No. 13-60012 No. 13-60013 No. 13-60014 No. 13-60015 No. 13-60016 No. 13-60017
05-06-2015
In re: HILDY JEAN ORTIZ; MARCUS ALONZO NIETO, Debtors, JAMES PATRICK CHANDLER, Appellant, v. JAN P. JOHNSON, Chapter 13 Trustee; HILDY JEAN ORTIZ; MARCUS ALONZO NIETO; UST - UNITED STATES TRUSTEE, Appellees. In re: HARVEY P. MICKELSEN; STEPHANIE B. MICKELSEN, Debtors, JAMES PATRICK CHANDLER, Appellant, v. JAN P. JOHNSON, Chapter 13 Trustee; UST - UNITED STATES TRUSTEE, Sacramento, Appellees. In re: BEN LEANDO DYE; KAELYN MARIE DYE, Debtors, JAMES PATRICK CHANDLER, Appellant, v. JAN P. JOHNSON; BEN LEANDO DYE; KAELYN MARIE DYE, Appellees., SEAN GJERDE.
NOT FOR PUBLICATION
BAP No. 11-1643 MEMORANDUM BAP No. 12-1017 BAP No. 12-1016 BAP No. 12-1019 BAP No. 11-1641 BAP No. 12-1018 BAP No. 12-1015 Appeals from the Ninth Circuit Bankruptcy Appellate Panel
Kirscher, Dunn and Jury, Bankruptcy Judges, Presiding
Submitted April 16, 2015 San Francisco, California Before: KOZINSKI and GRABER, Circuit Judges and BENSON, Senior District Judge.
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).
The Honorable Dee V. Benson, Senior District Judge for the U.S. District Court for the District of Utah, sitting by designation.
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The Bankruptcy Appellate Panel correctly dismissed Chandler's appeals of the bankruptcy court's entry of a default judgment of contempt against him. Chandler was clearly apprised of the contempt proceedings and the bankruptcy court's entry of a default judgment of contempt. However, he didn't move the bankruptcy court to set aside the entry of the default judgment or for relief from the default judgment. See Fed. R. Civ. P. 55(c), 60(b). An appeal "'cannot be used as a substitute' for these procedures." Consorzio Del Prosciutto Di Parma v. Domain Name Clearing Co., 346 F.3d 1193, 1195 (9th Cir. 2003) (quoting Rohauer v. Friedman, 306 F.2d 933, 937 (9th Cir. 1962)); see also In re Lam, 192 F.3d 1309, 1311 (9th Cir. 1999) (per curiam) ("[A] party may not challenge the entry of default in the first instance in an appellate court; rather, a party must first file an appropriate motion in the court where the default was entered.").
AFFIRMED.