Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Creditors appealed after the Bankruptcy Appellate Panel (BAP) affirmed a grant of summary judgment by the United States Bankruptcy Court in their non-dischargeability action. The Court of Appeals held that creditors' failure to pay monetary sanctions imposed after they filed frivolous appeals in connection with separate matters warranted dismissal of appeal.
Appeal dismissed.
Page 524.
Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Marlar, Brandt, and Klein, Bankruptcy Judges, Presiding.
Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
John F. and Esther Chow appeal pro se the decision of the Bankruptcy Appellate Panel affirming the bankruptcy court's summary judgment in the Chows' non-dischargeability action. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we dismiss the appeal.
Prior panels of this court have sanctioned the Chows for filing frivolous appeals in Chow v. Giordano, No. 93-56162, 1994 WL 192112 (9th Cir. May 16, 1994) (unpublished memorandum) ($1500), and Chow v. Westerfelt, No. 98-55426, 1999 WL 313644 (9th Cir. Mar. 22, 1999) (unpublished memorandum) ($500). Since the Chows have failed to pay the assessed sanctions, we dismiss this appeal. See Hymes v. United States, 993 F.2d 701, 702 (9th Cir.1993) (dismissing appellant's appeal for failure to pay previously imposed sanctions).
Appellants' motion to enter default judgment against appellees is denied.
DISMISSED.