In re Rudnick

62 F.3d 1425 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Samuel H. RUDNICK and Phyllis Rudnick, Debtors. Benjamin W. ALLUSTIARTE; Linda M. Allustiarte; Gregory R. Allustiarte, Appellants, v. Samuel H. RUDNICK, and Pearl Phyllis Rudnick, Trustees-Appellees. No. 93-17274. United States Court of Appeals, Ninth Circuit. Submitted June 15, 1995. * Decided Aug. 3, 1995. Before: GOODWIN, FARRIS and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 In this appeal, the Allustiartes contend that the bankruptcy court lacked jurisdiction to decide the validity of their claims after they filed an appeal of the bankruptcy court's confirmation of the Third Amended Plan of Reorganization. Before the bankruptcy court, the Allustiartes argued only that the court lacked jurisdiction. The bankruptcy court rejected the argument that it lacked jurisdiction, held an adversarial proceeding, and found that the claims were moot and were also barred by either res judicata or collateral…