Bench

Bench v. Rygiol

Good Law
31 F. App'x 384
United States Court of Appeals for the Ninth CircuitFebruary 20, 2002No. 00-17539, NV-99-01715-RPMCalifornia249 words

Opinion

Lead Opinion

MEMORANDUM **

Henry V. Rygiol appeals pro se the Bankruptcy Appellate Panel’s (“BAP”) *385 judgment affirming a bankruptcy judge’s summary judgment excepting from discharge Rygiol’s debts to his former limited partners. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We independently review the bankruptcy court’s rulings on appeal from the BAP, Cool Fuel, Inc. v. Bd. of Equalization (In re Cool Fuel, Inc.), 210 F.3d 999, 1001-02 (9th Cir.2000), and we affirm.

The bankruptcy court’s grant of summary judgment for the limited partners was proper because the California state court judgment against Rygiol for fraud, and the state court orders for fees and expenses, constitute non-dischargeable debts. See 11 U.S.C. § 523 (a)(2)(A); Grogan v. Garner, 498 U.S. 279 , 284 n. 11, 111 S.Ct. 654 , 112 L.Ed.2d 755 (1991) (application of collateral estoppel in discharge exception proceedings); Papadakis v. Zelis (In re Zelis), 66 F.3d 205, 209 (9th Cir. 1995) (non-dischargeability of state court sanctions).

The bankruptcy court did not abuse its discretion by modifying the automatic stay to allow Rygiol and the limited partners to continue their appeals in state court. See Mataya v.…

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