Opinion
Argued and Submitted March 6, 2002.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the Ninth Circuit Bankruptcy Appellate Panel Rimel , Perris, and Montali, Bankruptcy Judges, Presiding.
The Honorable Whitney Rimel, Bankruptcy Judge for the Eastern District of California, sitting by designation.
Before WARDLAW and W. FLETCHER, Circuit Judges, and WHYTE, District Judge.
The Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, sitting by designation.
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 Ninth Circuit Rule 36-3.
Since the hearing of the appeal in this matter, the court issued and amended its
Page 101.
opinion in Community Dental Services v. Stuart Tani, DDS, 282 F.3d 1164 (9th Cir.2002), holding that where a client has demonstrated gross negligence on the part of his counsel, a default judgment may be set aside pursuant to Rule 60(b)(6), Fed.R.Civ.P. We reversed the district court's refusal to set aside the default judgment and remanded for reinstatement of the action. In view of the new rule announced in Community Dental, we remand this action to the BAP for further proceedings consistent therewith, including a further remand to the trial court, if appropriate.
VACATED AND REMANDED.