In Re Ken Byrnes Una Kay Byrnes, Debtors, Ken Byrnes Una Kay Byrnes v. Aetna Casualty & Surety Company

43 F.3d 1478 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Ken BYRNES; Una Kay Byrnes, Debtors, Ken BYRNES; Una Kay Byrnes, Appellants, v. AETNA CASUALTY & SURETY COMPANY, Appellee. No. 93-15506. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1994. * Decided Dec. 12, 1994. 1 Before: POOLE and NOONAN, Circuit Judges, HAGEN, ** District Judge. 2 MEMORANDUM *** 3 Chapter 7 debtors appeal a bankruptcy appellate panel's decision holding res judicata to have precluded the bankruptcy court from relitigating the question of "community liability" for a civil racketeering judgment obtained by Aetna Casualty and Surety Company ("Aetna") in Arizona court against Ken Byrnes and debtors' marital community. 4 Aetna's state court complaint sought judgment against the separate and community property of the debtors. Both debtors were named in the action. Therefore, Aetna's claim to the community property was properly before the state court and was adjudicated…