BENJAMIN WASSON V., No. 12-60035 (9th Cir. 2013)

Annotate this Case

Download PDF

FILED DEC 09 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: The Disciplinary Proceeding of BENJAMIN BRANDT WASSON, No. 12-60035 BAP No. 11-1709 Debtor, MEMORANDUM* BENJAMIN BRANDT WASSON, Appellant, v. UST - UNITED STATES TRUSTEE, LOS ANGELES, Appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Markell, Pappas, and Hollowell, Bankruptcy Judges, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. * 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). Benjamin Brandt Wasson, an attorney, appeals pro se from the Bankruptcy Appellate Panel s ( BAP ) order dismissing as untimely his appeal from the bankruptcy court s order suspending him from practice for one year. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo. Bank of the West v. Wiersma (In re Wiersma), 483 F.3d 933, 938 (9th Cir. 2007). We affirm. The BAP properly dismissed Wasson s appeal for lack of jurisdiction because Wasson filed his notice of appeal more than two years after entry of the bankruptcy court s order. See Fed. R. Bankr. P. 8002(a) ( The notice of appeal shall be filed with the clerk within 14 days of the date of the entry of the judgment, order, or decree appealed from. ); Fed. R. Bankr. P. 9022(a) (lack of notice of the entry of a bankruptcy court order does not affect the time to file a notice of appeal); In re Wiersma, 483 F.3d at 938 ( [T]he failure to timely file a notice of appeal is a jurisdictional defect barring appellate review. (citation and internal quotation marks omitted)). AFFIRMED. 2 12-60035

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.