Plikaytis v. Roth (In Re Roth)

MEMORANDUM

The underlying federal case is a Chapter 11 bankruptcy proceeding to except debts from discharge pursuant to 11 U.S.C. § 523 (a). The debt at issue is the judgment obtained in state court by Appellee/Cross-Appellant Anice Plikaytis against her former employer Appellant/Cross-Appellee James Roth. Both Roth and Plikaytis appeal the district court’s decisions affirming various rulings of the bankruptcy court.

We have jurisdiction under 28 U.S.C. §§ 1291 , 158(d). We review a district court’s decision on an appeal from a bankruptcy court de novo, with no deference given to the district court’s decision. In re JTS Corp., 617 F.3d 1102, 1109 (9th Cir. 2010). We review the bankruptcy court’s conclusions of law de novo and findings of fact for clear error. Id. We affirm.

Appeal No. 14-56612

1. The bankruptcy court did not err in finding that Plikaytis’s claims in her amended complaint that the state court judgment was nondischargeable under § 523(a)(2)(A), (a)(4), and (a)(6) related back to the time of filing of her original complaint. Plikaytis’s amended complaint contained the same three claims pled in her original complaint, but with additional factual information. Thus,…