861 F2d 268 And-Jon Service Inc Vincent v. Bronson

861 F.2d 268

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

In re AND-JON SERVICE, INC., an Idaho Corporation.
Donald VINCENT and Kathryn Vincent, Creditors-Appellants,
v.
James BRONSON; Dollie Jeanne Bronson; Northwest Federal
Savings; Lawyer's Title; Phillip Mann; Trustee
Service Corporation, Debtors-Appellees.

No. 87-4194.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 6, 1988.
Decided Oct. 19, 1988.

Before PREGERSON, REINHARDT and NOONAN, Circuit Judges.

1

MEMORANDUM*

2

Daniel R. and Kathryn L. Vincent moved to void an order of the bankruptcy court lifting a stay of a foreclosure proceeding. The bankruptcy court denied the motion, and the district court affirmed. We affirm the district court.

3

The bankruptcy court found that the Vincents were barred by laches. The rule is clear that a finding of laches will not be disturbed on appeal unless it is so clearly wrong as to amount to an abuse of discretion. Lathan v. Brinegar, 506 F.2d 677, 692 (9th Cir.1974) (en banc). On this record we find no abuse of discretion. Laches precludes the voiding of the foreclosure sale because of prejudice to the purchaser. No other remedy has been shown to be appropriate.

4

AFFIRMED.

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3