Minon Miller v. Edward Gilliam

708 F. App'x 395

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 26, 2017
• Docket: 16-60087
• Status: Unpublished

Opinion

MEMORANDUM **

Chapter 7 debtor Minon Miller appeals pro se from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order dismissing Miller’s bankruptcy case. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.

The bankruptcy court did not abuse its discretion by dismissing Miller’s chapter 7 petition because the record supports the bankruptcy court’s extensive findings of abuse and bad faith. See 11 U.S.C. §§ 707(b)(1), (b)(3)(A); Price v. U.S. Trustee (In re Price), 353 F.3d 1135, 1138 (9th Cir. 2004) (reviewing for clear error a bankruptcy court’s factual findings and for an abuse of discretion its decision to dismiss a chapter 7 bankruptcy petition).

To the extent Miller argues that the bankruptcy court violated due process by considering any of Gilliam’s motions, we reject the contention because the record shows that the bankruptcy court provided Miller with adequate opportunity to respond and be heard.

We reject as without merit Miller’s contentions that the bankruptcy judge should have recused himself.

We do not consider arguments raised for the first time on appeal or matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.