Battram

MEMORANDUM *

Kenneth Battram (“Kenneth”) appeals from the judgment of the district court affirming the granting of summary judgment by the bankruptcy court in favor of defendants Lois Battram and B & B Acquisitions LLC (collectively “B & B”). We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We affirm.

We review de novo the judgment of the district court affirming the judgment of the bankruptcy court. Neilson v. Chang (In re First T.D. & Inv., Inc.), 253 F.3d 520, 526 (9th Cir.2001). We review de novo the bankruptcy court’s conclusions of law. Id.

I

Kenneth argues that B & B’s acquiescence to treating the alleged discount on the promissory note as separate from the Playa Pacifica II, Ltd. (“Playa”) bankruptcy estate bars B & B from arguing that his claims in this action are res judicata by Playa’s confirmed Chapter 11 reorganization plan. We disagree.

The doctrine of acquiescence may bar a party from raising res judicata as a defense against a claim where the party assented to simultaneous prosecutions of a single claim or the splitting of one claim into two separately prosecuted claims. Dodd v. Hood River County, 59 F.3d 852, 862 (9th Cir.1995). The case on which Kenneth…