In re: ARA HUNANYAN v. NANCY ZAMORA, Chapter 7 Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ARA HUNANYAN,
Debtor,
______________________________
ARA HUNANYAN,
Appellant,
v.
NANCY ZAMORA, Chapter 7 Trustee,
Appellee.
No. 21-56208
D.C. No. 2:21-cv-06064-AB
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Andre Birotte, Jr., District Judge, Presiding
Submitted July 18, 2023**
Before: SCHROEDER, RAWLINSON, and BADE, Circuit Judges.
Ara Hunanyan, a Chapter 7 debtor, appeals pro se from the district court’s
judgment dismissing as untimely his appeal from the bankruptcy court’s order
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 24 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 21-56208
granting the Chapter 7 trustee’s motion to approve compromise. We have
jurisdiction under 28 U.S.C. § 158(d). We review de novo. In re Delaney, 29 F.3d
516, 517-18 (9th Cir. 1994). We reverse and remand.
The district court found Hunanyan’s notice of appeal untimely because it
was filed more than 14 days after the bankruptcy court entered the order granting
the trustee’s motion to approve compromise. See Fed. R. Bankr. P. 8002(a)(1)
(notice of appeal must be filed within 14 days of the date of the entry of the
judgment or order). However, Hunanyan timely filed a motion to reconsider the
bankruptcy court’s order, which tolled the time limitation for filing a notice of
appeal until the bankruptcy court denied the motion. See Fed. R. Bankr. P.
8002(b)(1)(B) (if a party files a motion under Federal Rule of Bankruptcy 9023,
the time to file an appeal runs from the entry of the order disposing of that motion);
In re Weston, 41 F.3d 493, 495 (9th Cir. 1994) (“In this circuit, a motion for
reconsideration is considered to be a Bankruptcy Rule 9023 motion and tolls the
time limitation for filing a notice of appeal.”). Because Hunanyan timely filed his
notice of appeal within 14 days of the bankruptcy court’s denial of his motion for
reconsideration, the district court erred in dismissing Hunanyan’s appeal as
untimely.
All pending requests in the briefing are denied.
REVERSED and REMANDED.

-- 2 of 2 --