Foster

Foster v. Bradbury

Good Law
319 F.3d 495·2003 WL 259020·289 B.R. 495
United States Court of Appeals for the Ninth CircuitFebruary 7, 2003No. 01-56890California996 words

Opinion

Lead Opinion

Donald Foster appeals the district court’s summary judgment order affirming the Bankruptcy Court’s ruling permitting the Ventura County District Attorney to collect post-petition interest on Foster’s child support arrearages after the claim was paid in full and his Chapter 13 case had been closed. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We note that Foster’s brief fails to comply with Rule 28(a) of the Federal Rules of Appellate Procedure, which requires specific information in appropriate sections and in the order indicated. 1 While failure to comply with Fed. R.App. P. 28(a) is sufficient to justify dismissing Foster’s appeal, Han *497 v. Stanford Univ. Dining Servs., 210 F.3d 1038 , 1040 (9th Cir.2000), we consider the merits and AFFIRM.

I. Background

Foster filed a Chapter 13 bankruptcy petition in the U.S. Bankruptcy Court for the Central District of California in 1995. Among his unsecured claims entitled to priority, Foster listed a child support debt owed to the Ventura County District Attorney (“the County”). The County filed a proof of claim for $8,918.78. Foster proposed to pay the debt in full over a 36 month term and later received approval to…

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