Case: 19-20326 Document: 00515325940 Page: 1 Date Filed: 02/28/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 19-20326 FILED Summary Calendar February 28, 2020 Lyle W. Cayce Clerk In the Matter of: KEHINDE ADEYEMI ELEBUTE, Debtor KEHINDE ADEYEMI ELEBUTE, Appellant v. VILLAGE CAPITAL & INVESTMENT, L.L.C., Appellee

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CV-4504

Before WIENER, HAYNES, and COSTA, Circuit Judges.

PER CURIAM: * In his bankruptcy proceeding, Kehinde Adeyemi Elebute brought an adversary proceeding alleging wrongful foreclosure against Village Capital.

The bankruptcy court granted summary judgment against Elebute. Several

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 19-20326 Document: 00515325940 Page: 2 Date Filed: 02/28/2020

No. 19-20326 months later, Elebute sought to vacate the judgment under Federal Rule of Civil Procedure 60(b)(1). Elebute argued that the bankruptcy court had mistakenly relied on an unsigned sales contract in granting summary judgment. The bankruptcy court denied that motion, and the district court affirmed that denial. Seeing no abuse of discretion in the bankruptcy court’s refusal to reopen the case, we also AFFIRM its denial of Rule 60(b)(1) relief.