U.S. Court of Appeals for the Ninth Circuit, 2011

Patricia Hewlett v. Janina Elder

Patricia Hewlett v. Janina Elder
U.S. Court of Appeals for the Ninth Circuit · Decided March 8, 2011 · Canby, Fernandez, Smith
419 F. App'x 720

Patricia Hewlett v. Janina Elder

Opinion

MEMORANDUM **

Patricia Isabelle Hewlett appeals pro se from the district court’s order affirming the bankruptcy court’s judgment disallowing her proof of claim in Sophie H. Ng’s bankruptcy case. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo. Lundell v. Anchor Constr. Specialists, Inc. (In re Lundell), 223 F.3d 1035, 1039 (9th Cir. 2000). We affirm.

The bankruptcy court properly disallowed Hewlett’s proof of claim because she failed to prove its validity by a preponderance of the evidence. See id. The record shows that Hewlett disobeyed the bankruptcy court’s order compelling her to respond to the bankruptcy trustee’s discovery requests, and failed to respond to the bankruptcy trustee’s second request for admissions. Accordingly, the bankruptcy court properly precluded Hewlett from introducing evidence to support her damages claim, see Fed. R. Bankr.P. 7037, and properly deemed admitted the matters set forth in the request for admissions, see Fed. R. Bankr.P. 7036.

We are not persuaded by Hewlett’s contention that the September 1, 2009 hearing was improperly held without her attorney because the bankruptcy court had previ *722 ously excused her attorney as counsel in the adversary proceeding.

Hewlett’s remaining contentions are unpersuasive.

We do not consider Hewlett’s contentions that were not raised in her opening brief. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999)

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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