In re: Mary Louise Walker
CC-16-1011-TaKuKi
| 9th Cir. BAP | Oct 13, 2016Background
- Debtor Mary Louise Walker filed a skeletal Chapter 13 petition pro se and was given two 14‑day notices to file missing case‑initiation documents; the notices warned the case would be dismissed for noncompliance.
- Walker failed to file five required documents within 14 days and the bankruptcy court dismissed her Chapter 13 case.
- Walker filed a pro se “Motion to Reinstate Dismissed Case” whose text largely duplicated another debtor’s filing in a different case and included allegations unrelated to the dismissal (and referenced an adversary proceeding that had not been filed by her).
- The bankruptcy court denied the Motion to Reinstate at a hearing and entered a written order; Walker appealed the denial but did not provide a transcript of the hearing despite the Panel’s directive.
- Walker’s appellate briefs did not meaningfully contest the original dismissal or identify Rule 59(e) grounds for reconsideration; she also attempted to supplement the record with unrelated documents, which the Panel rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bankruptcy court abused its discretion in denying Walker’s motion to reinstate (reconsider dismissal) | Walker sought reinstatement, alleging time restraints, discovery needs, lender impropriety, and referenced other litigation; she argued generally for relief from dismissal | Trustee argued the motion was facially irrelevant, failed to state Rule 59(e) grounds, and the record lacked a transcript of the hearing | Affirmed — no abuse of discretion; appellant failed to supply transcript, did not invoke Rule 59(e) grounds, and waived challenges to dismissal |
| Whether the dismissal itself was improper | Walker asserted the dismissal was premature or erroneous (generally) | Trustee maintained Walker failed to cure deficiencies as warned and made no showing of error | Not addressed on merits; any challenge to the dismissal was waived for failing to brief or support the issue on appeal |
Key Cases Cited
- N. Alaska Envtl. Ctr. v. Lujan, 961 F.2d 886 (9th Cir. 1992) (standard of review for denial of reconsideration)
- TrafficSchool.com, Inc. v. Edriver Inc., 653 F.3d 820 (9th Cir. 2011) (abuse of discretion standard and review principles)
- United States v. Hinkson, 585 F.3d 1247 (9th Cir. 2009) (defining abuse of discretion and review scope)
- Padgett v. Wright, 587 F.3d 983 (9th Cir. 2009) (issues not raised and argued in opening brief are waived)
- Kyle v. Dye (In re Kyle), 317 B.R. 390 (9th Cir. BAP 2004) (failure to provide hearing transcript permits summary affirmance)
- Gionis v. Wayne (In re Gionis), 170 B.R. 675 (9th Cir. BAP 1994) (appellate assumptions when transcript not provided)
- Fadel v. DCB United LLC (In re Fadel), 492 B.R. 1 (9th Cir. BAP 2013) (grounds for reconsideration under Civil Rule 59(e))
