Legal Opinion
Lynn v. Metwest Mortgage Services, Inc.
Court of Appeals for the Ninth Circuit
Decided December 8, 2006No. 05-17178Published
1Opinion of the Court
MEMORANDUM **
Michael Harvey Lynn appeals the District Court’s September 28, 2005 order denying his motion to vacate, motion for Metwest and its counsel to be held in contempt of court, and motion for entry of order holding Metwest and its attorney in contempt.
The District Court properly denied Lynn’s motion to vacate. First, the Bankruptcy Court acted within its discretion in granting Metwest’s Rule 59(a) motion based on the expansion of the record from the time of the Bankruptcy Court’s initial order. See In re Kaypro, 218 F.3d 1070, 1073 (9th Cir.2000); In re JWJ Contracting Co., 287 B.R.…
2Cases cited3 opinions
- In Re Fred Lowenschuss, Debtor. Resorts International, Inc. v. Fred LowenschussCourt of Appeals for the Ninth Circuit · 1995
- United States v. Jose Vaz AyresCourt of Appeals for the Ninth Circuit · 1999
- Janas v. Marco Crane & Rigging Co. (In Re JWJ Contracting Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002