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No. 8641577
United States Court of Appeals for the Ninth Circuit
Marinkovic v. Midland Loan Services, Inc. (In re Marinkovic)
No. 8641577 · Decided June 13, 2007
No. 8641577·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 13, 2007
Citation
No. 8641577
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Mel M. Marin appeals pro se from a decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order denying a motion for relief from judgment in a bankruptcy case in which Marin’s father, Milivoj Marinkovie, is the debtor. We have jurisdiction under 28 U.S.C. 158(d). We review for abuse of discretion, Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir.1985), and we affirm. Because Marin’s motion was made eighteen months after the bankruptcy court’s order, the BAP did not err in concluding that the motion was untimely under Rule 60(b)(1), (2), and (3), which require that motions be brought within one year. See Fed.R.Civ.P. 60(b); Lake v. Capps (In re Lake), 202 B.R. 751 , 759 n. 8 (9th Cir.BAP 1996). The BAP also correctly ruled that the motion did not satisfy any of the grounds enumerated in Rule 60(b)(4), (5), and (6). See Fed.R.Civ.P. 60(b); Backlund, 778 F.2d at 1388 . Marin’s remaining contentions lack merit. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
Marin appeals pro se from a decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order denying a motion for relief from judgment in a bankruptcy case in which Marin’s father, Milivoj Marinkovie, is the debtor.
Key Points
01Marin appeals pro se from a decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order denying a motion for relief from judgment in a bankruptcy case in which Marin’s father, Milivoj Marinkovie, is the debtor.
02Barnhart, 778 F.2d 1386, 1388 (9th Cir.1985), and we affirm.
03Because Marin’s motion was made eighteen months after the bankruptcy court’s order, the BAP did not err in concluding that the motion was untimely under Rule 60(b)(1), (2), and (3), which require that motions be brought within one year.
04The BAP also correctly ruled that the motion did not satisfy any of the grounds enumerated in Rule 60(b)(4), (5), and (6).
Frequently Asked Questions
Marin appeals pro se from a decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order denying a motion for relief from judgment in a bankruptcy case in which Marin’s father, Milivoj Marinkovie, is the debtor.
FlawCheck shows no negative treatment for Marinkovic v. Midland Loan Services, Inc. (In re Marinkovic) in the current circuit citation data.
This case was decided on June 13, 2007.
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