In Re Richard E. Donovan, Debtor. Nat'l Bank of Long Beach v. Richard E. Donovan, an Individual & Chapter 7 Tr., Steven E. Smith, 871 F.2d 807 (9th Cir. 1989). · Go Syfert
In Re Richard E. Donovan, Debtor. Nat'l Bank of Long Beach v. Richard E. Donovan, an Individual & Chapter 7 Tr., Steven E. Smith, 871 F.2d 807 (9th Cir. 1989). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2006–2017 · …is appropriately analogized to a rule 60(b) determination at p. 808
60 citation events (37 in the last 25 years) across 8 distinct courts.
Strongest positive: In re Jeffrey Reich (caeb, 2025-11-19)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Jeffrey Reich
Bankr. E.D. Cal. · 2025 · confidence medium
In re Donovan, 871 F.2d 807, 808 (9th Cir. 1989); 19 Rigby v. Mastro (In re Mastro), 585 B.R. 587, 591 (B.A.P. 9th 20 Cir. 2018). 21 A motion for reconsideration is considered to be a Rule 9023 22 motion which incorporates Civ.
discussed Cited as authority (rule) Duranleau v. Eiler
D. Or. · 2024 · confidence medium
In determining whether to summarily dismiss an appeal for non-compliance with a procedural rule, a bankruptcy appellate court must consider the impact of the sanction, alternative sanctions, and "the relative culpability of the appellant and his attorney, because dismissal may inappropriately punish the appellant for the neglect of his counsel." In re Beachport Ent., 396 F.3d 1083, 1087 (9th Cir. 2005) (citing In re Donovan, 871 F.2d 807, 808 (9th Cir. 1989)).
cited Cited as authority (rule) Guetatchew Fikrou v. Rick Yarnall
9th Cir. · 2021 · confidence medium
No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir. 1989).
discussed Cited as authority (rule) Pamela Rae Bennett V.
9th Cir. · 2017 · confidence medium
P. 60(b) (enumerating grounds for relief); Nat'l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir. 1989) (a BAP order denying a motion to reconsider a dismissal for lack of prosecution “is appropriately analogized to a Rule 60(b) determination”).
discussed Cited as authority (rule) Robert W. Hunt v. David Goodrich
9th Cir. · 2015 · confidence medium
See Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir.1994) (setting forth factors under Federal Rule of Civil Procedure 41(b) for determining whether to dismiss a bankruptcy proceeding for failure to prosecute); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (dismissal of a bankruptcy appeal for failure to prosecute is appropriately analogized to a dismissal under Rule 41(b)).
discussed Cited as authority (rule) Charlene Gruntz V.
9th Cir. · 2014 · confidence medium
See Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994) (setting forth factors under Federal Rule of Civil Procedure 41(b) for determining whether to dismiss a bankruptcy proceeding for failure to prosecute); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir. 1989) (per curiam) (dismissal of a bankruptcy appeal for failure to prosecute is appropriately analogized to a dismissal under Rule 41(b)).
discussed Cited as authority (rule) Martin v. Zimmerman
9th Cir. · 2014 · confidence medium
See Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir.1994) (setting forth factors under Federal Rule of Civil Procedure 41(b) for determining whether to dismiss a bankruptcy proceeding for failure to prosecute); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (dismissal of a bankruptcy appeal for failure to prosecute is appropriately analogized to a dismissal under Rule 41(b)).
cited Cited as authority (rule) Stasz v. Gonzalez
9th Cir. · 2013 · confidence medium
R.Civ.P. 60 to bankruptcy proceedings with limited exceptions); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per cu-riam) (setting forth standard of review).
cited Cited as authority (rule) Chandana Basu v. Leonard Soloniuk
9th Cir. · 2013 · confidence medium
We review for an abuse of discretion, Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam), and we affirm.
examined Cited as authority (rule) Estrella Kincaid v. Susan Smith (3×) also: Cited "see, e.g."
9th Cir. · 2011 · confidence medium
Greco v. Stubenberg, 859 F.2d 1401, 1404 (9th Cir.1988) (dismissal for lack of prosecution); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (motion for reconsideration).
cited Cited as authority (rule) Waksberg v. Levene, Neale, Bender, Rankin & Brill L.L.P.
9th Cir. · 2011 · confidence medium
Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam).
cited Cited as authority (rule) Morry Waksberg, M.D., Inc. v. Levene, Neale, Bender, Rankin & Brill L.L.P. (In Re Morry Waksberg, M.D., Inc.)
9th Cir. · 2011 · confidence medium
Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam).
cited Cited as authority (rule) Lucienne Hunter v. Paul Mansdorf
9th Cir. · 2010 · confidence medium
Morrissey v. Stuteville (In re Morrissey), 349 F.3d 1187, 1190 (9th Cir.2003); Nat'l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam).
discussed Cited as authority (rule) Reed Slatkin v. R. Neilson (2×) also: Cited "see"
9th Cir. · 2010 · confidence medium
We review for an abuse of discretion the dismissal of an appeal for failure to prosecute, Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989), and we reverse and remand.
discussed Cited as authority (rule) Smith v. Webre
9th Cir. · 2009 · confidence medium
Flores v. Arizona, 516 F.3d 1140, 1163 (9th Cir.2008) (denial of motion for relief from judgment); Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (denial of motion for reconsideration); Ehrenberg v. Cal. State Univ.
cited Cited as authority (rule) Conway v. Wilson
6th Cir. · 2006 · confidence medium
In re Donovan, 871 F.2d 807, 808 (9th Cir.1989).
cited Cited as authority (rule) Bogart v. Moldo
9th Cir. · 2002 · confidence medium
Bankr.P. 9024; Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam).
discussed Cited as authority (rule) Trigny Corp. v. Groshong
9th Cir. · 2001 · confidence medium
Although as a general rule the district court must consider alternative sanctions to dismissal, “[i]n ‘egregious circumstances’ a court may dismiss a case for noncompliance with procedural rules without explicit consideration of alternative sanctions.” Fitzsimmons, 920 F.2d at 1473 (quoting In re Donovan, 871 F.2d 807, 808-09 (9th Cir.1989)).
discussed Cited as authority (rule) Tahoma Denali Properties, LLC v. Schoenmann (In re Aspen Healthcare, Inc.)
N.D. Cal. · 2001 · confidence medium
However, “in egregious circumstances, a court may dismiss a case for noncompliance with procedural rules without explicit consideration of alternative sanctions.” Id. at 1473 (citing In re Donovan, 871 F.2d 807, 808-09 (9th Cir.1989)).
discussed Cited as authority (rule) In Re: Michael R. Fried, Debtor, Michael R. Fried v. August Puglia, Dba August Insurance Services
9th Cir. · 1997 · confidence medium
We review for abuse of discretion, see National Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam), and we affirm the BAP's denial of Fried's motion to reconsider its previous order, see Delaney v. Alexander (In re Delaney), 29 F.3d 516, 518 (9th Cir.1994) (per curiam). 1 AFFIRMED. 2 ** Because we unanimously find this case suitable for decision without oral argument, we deny Fried's request for oral argument.
discussed Cited as authority (rule) In Re Richard L. Turner Genevieve M. Turner, Debtors. Richard L. Turner v. Linda A. Schuette
9th Cir. · 1996 · confidence medium
We review for abuse of discretion, In re Donovan, 871 F.2d 807, 808 (9th Cir.1989), and we affirm. 1 3 Turner contends that his discharge was improperly revoked because the testimony of Linda Schuette, the bankruptcy trustee was not credible.
cited Cited as authority (rule) Watson v. Shandell (In Re Watson)
9th Cir. BAP · 1996 · confidence medium
In re Donovan, 871 F.2d 807, 808 (9th Cir.1989).
discussed Cited as authority (rule) In Re Eric J. Salter, Gwendolyn L. Salter, Debtors. Ford Motor Credit Card Company v. Eric J. Salter, Gwendolyn L. Salter
6th Cir. · 1993 · confidence medium
Id. at 1472 ; National Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808-09 (9th Cir.1989). 5 The grounds offered by the district court in support of dismissal do not add up to bad faith, negligence, or indifference, let alone egregious circumstances.
cited Cited as authority (rule) In Re Daniel R. Lawson Bettye J. Lawson, Debtors. Daniel R. Lawson Bettye J. Lawson v. Law Offices of David A. Tilem, in Re Daniel R. Lawson Bettye J. Lawson, Debtors. Daniel R. Lawson Bettye J. Lawson v. Law Offices of David A. Tilem
9th Cir. · 1993 · confidence medium
National Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989).
discussed Cited as authority (rule) Owens v. Bielaski
9th Cir. · 1989 · confidence medium
Therefore, this case does not present the " 'egregious circumstances' [in which] a court may dismiss a case for non-compliance with the procedural rules without explicit consideration of alternative sanctions." Id. at 808-09 (citation omitted). 8 VACATED and REMANDED for consideration of alternative sanctions and relative fault. * The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument pursuant to Fed.R.App.P. 34(a), Ninth Circuit Rule 34-4 ** This disposition is not appropriate for publication and may not be cited to or by the courts of…
cited Cited "see" Foster v. Patterson (In re Patterson)
9th Cir. · 2007 · signal: see · confidence high
See Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (stating that a motion to reconsider is reviewed for abuse of discretion).
discussed Cited "see" Koncicky v. Peterson
9th Cir. · 2006 · signal: see · confidence high
See Natl Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (noting that the denial of reconsideration of a dismissal for failure to prosecute “is appropriately analogized to a Rule 60(b) determination”).
discussed Cited "see" Koncicky v. Peterson
9th Cir. · 2006 · signal: see · confidence high
See Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per cu-riam) (noting that the denial of reconsideration of a dismissal for failure to prosecute “is appropriately analogized to a Rule 60(b) determination”).
discussed Cited "see" Koncicky v. Peterson
9th Cir. · 2006 · signal: see · confidence high
See Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per cu-riam) (noting that the denial of reconsideration of a dismissal for failure to prosecute “is appropriately analogized to a Rule 60(b) determination”).
discussed Cited "see" In Re: Katherine D. Weiner, Debtor. Steven L. Weiner v. Perry, Settles & Lawson, Inc. (2×)
9th Cir. · 1998 · signal: see · confidence high
See In re Donovan, 871 F.2d 807, 808 (9th Cir.1989).
cited Cited "see" In re HAK Nineteenth Street Corp.
9th Cir. · 1997 · signal: see · confidence high
See In re Watson, 192 B.R. 739, 845 (B.A.P. 9th Cir.1996) (citing In re Donovan, 871 F.2d 807, 808 (9th Cir.1989)); In re Sandoval, 186 B.R. 490, 493 (B.A.P. 9th Cir.1995).
cited Cited "see" In Re Hak Nineteenth Street Corporation, Debtor. Hak Nineteenth Street Corporation v. California Federal Bank
9th Cir. · 1997 · signal: see · confidence high
See In re Watson, 192 B.R. 739, 845 (B.A.P. 9th Cir.1996) (citing In re Donovan, 871 F.2d 807, 808 (9th Cir.1989)); In re Sandoval, 186 B.R. 490, 493 (B.A.P. 9th Cir.1995).
cited Cited "see" Fitzsimmons v. Nolden (In re Fitzsimmons)
9th Cir. · 1990 · signal: see · confidence high
See In re Donovan, 871 F.2d 807, 808-09 (9th Cir.1989).
discussed Cited "see, e.g." Shelley v. Brandt
M.D. Tenn. · 2021 · signal: see also · confidence medium
The Court of Appeals for the Ninth Circuit, for example, has disapproved such dismissals in keeping with the general policy against overly severe “sanctions for non- jurisdictional, procedural defaults and deficiencies in the management of litigation.” In re Hill (Myers v. Shekter), 775 F.2d 1385, 1387 (9th Cir. 1985) (per curiam); see also In re Donovan (National Bank of Long Beach v. Donovan), 871 F.2d 807, 808 (9th Cir. 1989) (per curiam).
discussed Cited "see, e.g." In re Beachport Entertainment (2×)
9th Cir. · 2005 · signal: see also · confidence medium
Morrissey v. Stuteville (In re Morrissey), 349 F.3d 1187, 1190 (9th Cir.2003); see also Nat'l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (reviewing for an abuse of discretion the BAP's dismissal of an appeal for failure to comply with a bankruptcy rule).
discussed Cited "see, e.g." Ehrenberg v. California State University (2×)
9th Cir. · 2005 · signal: see also · confidence medium
Morrissey v. Stuteville (In re Morrissey), 349 F.3d 1187, 1190 (9th Cir.2003); see also Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam) (reviewing for an abuse of discretion the BAP’s dismissal of an appeal for failure to comply with a bankruptcy-rule).
discussed Cited "see, e.g." Conn Aire, Inc. v. J.C. Leasing
6th Cir. · 1989 · signal: see also · confidence medium
The Court of Appeals for the Ninth Circuit, for example, has disapproved such dismissals in keeping with the general policy against overly severe "sanctions for non-jurisdictional, procedural defaults and deficiencies in the management of litigation." In re Hill (Myers v. Shekter), 775 F.2d 1385, 1387 (9th Cir.1985) (per curiam); see also In re Donovan (National Bank of Long Beach v. Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam).
Retrieving the full opinion text from the archive…
In Re Richard E. DONOVAN, Debtor. NATIONAL BANK OF LONG BEACH, Appellant,
v.
Richard E. DONOVAN, an Individual; And Chapter 7 Trustee, Steven E. Smith, Appellees
88-6178.
Court of Appeals for the Ninth Circuit.
Mar 21, 1989.
871 F.2d 807
1989 U.S. App. LEXIS 6301
1989 WL 28321
Mark L. Kincaid, Westrup, Kincaid & Klick, Long Beach, Cal., for appellant., Robert J. Anderson, Law Offices of Richard R. Clements, Los Angeles, Cal., for appellees.
Browning, Farris, Norris, Per Curiam.
Cited by 40 opinions  |  Published
PER CURIAM:

On December 21, 1987, the bankruptcy court granted the trustee’s motion for summary judgment and determined a deed of trust in the debtor’s property held by appellant National Bank of Long Beach (“Na[*808] tional Bank”) was void. National Bank timely appealed to the Bankruptcy Appellate Panel (BAP) and simultaneously designated the transcript of the summary judgment hearing for inclusion in the record on appeal. National Bank claims this designation was inadvertent.

Bankruptcy Rule 8006 provides in part: If the record designated by any party includes a transcript of any proceeding ..., the party shall immediately after filing the designation deliver to the reporter and file with the clerk a written request for the transcript and make satisfactory arrangements for payment of its cost.

It does not appear National Bank took any action to comply with this provision.

On February 4, 1988, a deputy clerk of the BAP issued a form conditional order of dismissal which allowed National Bank 20 days to “provide[] written explanation showing legal cause why the appeal should not be dismissed.” This order contained no proof of service and National Bank’s counsel claims never to have received it.

National Bank did not respond to the conditional order. The BAP dismissed the appeal on April 14, 1988. National Bank moved the BAP to set aside its order of dismissal, claiming the designation of the transcript was “incorrect[ ],” that no notice of the procedural default was received, and that dismissal was therefore “an unwarranted sanction.” The BAP denied this motion without explanation on June 14, 1988. National Bank filed a notice of appeal to this court on June 24, 1988.

National Bank’s notice purports to appeal both the bankruptcy court’s December 1987 summary judgment and the BAP’s June 1988 refusal to reconsider its order of dismissal. However, under Fed.R.App.P. 4(a)(1), National Bank’s notice was timely only as to the June 1988 denial of the motion to reconsider. Accordingly, we have jurisdiction to review only the June 1988 order and do not address the merits. Cf. Ellingsworth v. Chrysler, 665 F.2d 180, 183-84 (7th Cir.1981) (notice timely as to denial of Rule 60(b) motion but untimely as to underlying judgment confers appellate jurisdiction only as to Rule 60(b) denial).

Although our standard of review of a BAP order denying a motion to reconsider is apparently a question of first impression, we review for abuse of discretion. This is the standard we apply to orders denying relief from judgment under Fed.R.Civ.P. 60(b). Thompson v. Housing Authority, 782 F.2d 829, 832 (9th Cir.1986). We have previously analogized the dismissal of a bankruptcy appeal for failure to prosecute to a dismissal under Fed.R.Civ.P. 41(b). In re Hill, 775 F.2d 1385, 1386-87 (9th Cir.1985). Denial of reconsideration of such a dismissal is appropriately analogized to a Rule 60(b) determination.

Bankruptcy Rule 8001(a) grants the BAP authority to dismiss appeals for non-prose-eution, including failure to make a timely written request for a transcript. Greco v. Stubenberg, 859 F.2d 1401, 1404 (9th Cir.1988). However, such a dismissal constitutes an abuse of discretion if the court fails to consider both alternative sanctions and the relative culpability of the appellant and his attorney, because dismissal may inappropriately punish the appellant for the neglect of his counsel. Greco, 859 F.2d at 1404; In re Hill, 775 F.2d at 1387; see also Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986) (standards for dismissal under Fed.R.Civ.P. 41(b)). Although these precedents involved dismissals by district courts rather than by the BAP, the same standard should apply to the BAP. National Bank’s motion for reconsideration satisfied Rule 60(b)’s recognition of “mistake, inadvertence, surprise, or excusable neglect” as possible grounds for reconsideration.

Either prior to its dismissal order or upon reconsideration, the BAP should have considered alternative sanctions or whether the mistake of counsel deserved to be imputed to the client. Its failure to do so without explanation was an abuse of discretion. Cf. Jackson v. Beech, 636 F.2d 831, 835-36 (D.C.Cir.1980) (abuse of discretion to refuse to set aside inadvertent default where no prejudice to other party appears). Although in “egregious circum[*809] stances” a court may dismiss a case for non-compliance with procedural rules without explicit consideration of alternative sanctions, Malone v. United States Postal Service, 833 F.2d 128, 132 (9th Cir.1987), such circumstances do not appear in this case.

VACATED and REMANDED for consideration of alternative sanctions and relative fault.