NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: JOSEPH L. WILCZAK; JUDITH A. 

WILCZAK, 

Debtors, 

------------------------------

JOSEPH L. WILCZAK; JUDITH A. 

WILCZAK, 

Appellants, 

 v. 

SELECT PORTFOLIO SERVICING, INC.; 

THE BANK OF NEW YORK MELLON, as 

trustee, on behalf of the holders of the 

Alternative Loan Trust 2007-OA10, 

Mortgage Pass-Through Certificates Series 

2007-OA10, 

Appellees.

No. 19-60068 

BAP No. 19-1038 

MEMORANDUM*

Appeal from the Ninth Circuit

Bankruptcy Appellate Panel

Faris, Brand, and Gan, Bankruptcy Judges, Presiding

Submitted November 30, 2020**

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

FILED

DEC 3 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 

Before: GOODWIN, SCHROEDER, and SILVERMAN, Circuit Judges.

Joseph L. and Judith A. Wilczak, Chapter 11 debtors, appeal pro se the 

Bankruptcy Appellate Panel’s judgment affirming the bankruptcy court’s order 

overruling the Wilczaks’ objection to the claim of creditors Select Portfolio 

Servicing, Inc., and the Bank of New York Mellon. We have jurisdiction under 28 

U.S.C. § 158(d). We review for clear error the bankruptcy court’s findings of fact. 

Arrow Elecs., Inc. v. Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir. 2000). 

We affirm.

The bankruptcy court did not clearly err in finding that the signatures on the 

loan documents were valid. First, the record, including the Wilczaks’ admissions at 

trial, supports the bankruptcy court’s finding that the Wilczaks signed the loan 

documents. Second, “we give singular deference to a trial court’s judgments about 

the credibility of witnesses,” including the bankruptcy court’s determinations that

notary Cindy North’s testimony was credible and the Wilczaks’ testimony was 

implausible. Cooper v. Harris, 137 S. Ct. 1455, 1474 (2017). Finally, the 

Wilczaks’ contention that the bankruptcy court erred by noting irregularities in the 

signatures without finding them forged lacks merit. 

To the extent the Wilczaks contend that their own counsel engaged in 

without oral argument. See Fed. R. App. P. 34(a)(2).
 3 

misconduct, the record discloses no misconduct affecting fundamental fairness. See 

Bird v. Glacier Elec. Coop., Inc., 255 F.3d 1136, 1145, 1148 (9th Cir. 2001) 

(limiting review in civil cases to whether attorney misconduct affected 

fundamental fairness where the error is alleged for the first time on appeal).

To the extent the Wilczaks raise the issue on appeal, the bankruptcy court 

did not abuse its discretion by rejecting expert testimony by Nancy Cole because 

Cole’s qualifications were out of date and her testimony would not have been 

helpful or reliable. See Fed. R. Evid. 702(a) (qualified witnesses may testify as 

experts if their “scientific, technical, or other specialized knowledge will help the 

trier of fact to understand the evidence or to determine a fact in issue”); Samuels v. 

Holland Am. Line-USA Inc., 656 F.3d 948, 952 (9th Cir. 2011) (“a trial court has 

broad discretion in assessing the relevance and reliability of expert testimony” 

(citation and internal quotation marks omitted)).

The Wilczaks’ contention that the issue decided at trial was different than 

the issue raised in their objection to the proof of claim lacks merit.

AFFIRMED.