Ryan Melcher v. JOHN W. RICHARDSON, Chapter 7 Panel Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RYAN MELCHER,
Appellant,
v.
JOHN W. RICHARDSON, Chapter 7
Panel Trustee,
Appellee.
No. 12-16035
D.C. No. 5:11-cv-00342-RMW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Ryan Melcher appeals pro se from the district court’s judgment affirming the
bankruptcy court’s denial of reconsideration of an order permitting Chapter 7
Trustee John W. Richardson to sell real property free and clear of liens. We have
FILED
MAR 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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jurisdiction under 28 U.S.C. § 158(d). We review independently the bankruptcy
court’s decision without deference to the district court’s determinations, Leichty v.
Neary (In re Strand), 375 F.3d 854, 857 (9th Cir. 2004), and we affirm.
The bankruptcy court did not abuse its discretion by denying Melcher’s
motion for reconsideration because Melcher failed to establish a basis warranting
reconsideration. See 11 U.S.C. § 363(f)(4) (explaining that a bankruptcy trustee
may sell property free and clear of any interest in such property if such interest is
in bona fide dispute); Fed. R. Bankr. P. 9024 (applying Fed. R. Civ. P. 60 to
bankruptcy proceedings with limited exceptions); Sch. Dist. No. 1J, Multnomah
Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth the
standard of review and grounds for reconsideration under Rule 60(b)).
Melcher’s contentions regarding the validity of an alleged trust agreement
and whether the judgment in his state court case should be voided are
unpersuasive.
AFFIRMED.
12-16035 2

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