Shawn Deitz v. Wayne Ford

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN RE: SHAWN DEITZ, No. 12-60036 Debtor, BAP No. 11-1427

SHAWN DEITZ,

Appellant,

ORDER

v.

WAYNE FORD and PATRICIA FORD, Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Pappas, Markell, and Dunn, Bankruptcy Judges, Presiding

Argued and Submitted April 10, 2014 Submission Withdrawn April 10, 2014 Resubmitted July 21, 2014 San Francisco, California

Filed July 28, 2014

Before: Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges. IN RE: DEITZ

SUMMARY*

Bankruptcy Law

The panel issued an order affirming the Bankruptcy Appellate Panel’s judgment affirming the bankruptcy court’s judgment awarding money damages to creditors Wayne and Patricia Ford, and ordering that the Fords’ claim be exempted from discharge.

The panel adopted the BAP’s opinion as its own. The BAP held that, even after Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had the constitutional authority to enter a final judgment determining both the amount of the Fords’ damage claims against the debtor Shawn Deitz, and determining that…