In re: JACQUIE CHANDLER v. Deutsche Bank National Trust Company

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: JACQUIE CHANDLER,
Debtor,
JACQUIE CHANDLER,
Appellant,
v.
DEUTSCHE BANK NATIONAL TRUST
COMPANY,
Appellee.
No. 14-60036
BAP No. 14-1014
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kirscher, Jury, and Taylor, Bankruptcy Judges, Presiding
Submitted May 9, 2016**
San Francisco, California
Before: WARDLAW, PAEZ, and BEA, Circuit Judges.
FILED
JUN 27 2016
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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Jacquie Chandler, a Chapter 11 debtor, appeals the Bankruptcy Appellate
Panel’s (“BAP”) order awarding attorney’s fees to Deutsche Bank National Trust
Co. (“Deutsche”) and denying her motion for reconsideration. We have
jurisdiction under 28 U.S.C. § 158(d)(1). We affirm.
1. The BAP did not abuse its discretion in awarding Deutsche attorney’s
fees and costs under Federal Rule of Bankruptcy Procedure 8020(a). Rule 8020(a)
provides: “[i]f the district court or BAP determines that an appeal is frivolous, it
may, after a separately filed motion or notice from the court and reasonable
opportunity to respond, award just damages and single or double costs to the
appellee.” Fed. R. Bankr. P. 8020(a). “An appeal is frivolous if the results are
obvious, or the arguments of error are wholly without merit.” George v. City of
Morro Bay (In re George), 322 F.3d 586, 591 (9th Cir. 2003) (order) (per curiam)
(quotation marks omitted). Chandler had no legitimate basis to assert a claim to
the property at issue during her Chapter 11 proceedings after multiple courts had
determined that the foreclosure sale of this property was proper. As a result, the
bankruptcy court was plainly correct to find that Chandler’s claim regarding the
validity of the foreclosure sale was “barred by res judicata” and to grant Deutsche
relief from an automatic stay of its proceedings against Chandler. Chandler’s
arguments to the BIA were “wholly without merit” and therefore frivolous. Id.
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2. Chandler waived the issue whether the BAP’s award of attorney’s fees
and costs was excessive by failing to raise it with the BAP. “Absent exceptional
circumstances, issues not raised before the BAP are waived.” Burnett v. Resurgent
Capital Servs. (In re Burnett), 435 F.3d 971, 975–76 (9th Cir. 2006). Chandler has
not identified any exceptional circumstances that justify her failure to challenge the
amount of fees and costs awarded to Deutsche. Therefore, Chandler has waived
this issue.
AFFIRMED.
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