Alverde

Alverde v. Castillo

Good Law
35 F. App'x 688
United States Court of Appeals for the Ninth CircuitMay 29, 2002No. 00-57009; BAP No. SC-99-1613-RyBRCalifornia475 words

Opinion

Lead Opinion

MEMORANDUM ***

Javier Alverde appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s determination that (1) the statute of limitations did not bar Appellees from bringing their claims; and (2) $1,900,000 owed by Debtor to Appellees was nondischargeable under 11 U.S.C. § 523 (a)(2)(A). We affirm.

The BAP properly affirmed the bankruptcy court’s determination that the statute of limitations did not bar Appellees’ claims because the statute of limitations on fraud does not begin to run until discovery of the elements of the fraud. California Code of Civil Procedure § 338(d) 1 provides that fraud actions must be brought within three years and that “[t]he cause of action in that case is not to be deemed to *689 have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.” Cal.Civ.Proc.Code § 338(d) (West 2002). In this case, the issue of when Appellees discovered Debt- or’s fraudulent acts is largely factual and reviewed for clear error. We find no clear error in the bankruptcy court’s determination that the statute of limitations had not run at the time Appellees brought their claims.

Whether a claim…

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