Page:Gripe v. City of Enid.pdf/11

 to support rejection of court of appeals' suggestion that it is inappropriate to penalize client for attorney’s error when assessing whether attorney's filing untimely proof of claim in bankruptcy court was excusable neglect).

We recognize, as plaintiff argues, that this circuit has remanded cases where the record was not clear that the district court evaluated the fault of the parties and other applicable factors. ,, 847 F.2d 1458, 1465 (10th Cir. 1988). Here, however, the record shows that the district court considered all the factors, including the culpability of the litigant. The district court acted within its discretion in dismissing the case.

AFFIRMED. -11-