Owenby
National Union Fire Insurance Co. of Pittsburgh v. Owenby
Opinion
Lead Opinion
MEMORANDUM *
This consolidated appeal involves two underlying actions on a debt owed by Ruth Owenby, an attorney, to the National Union Fire Insurance Company of Pittsburgh (“National Union”). Owenby actually owes several debts to National Union, one of which was the basis for a federal default judgment in the latter’s favor in New York in 1987. Since obtaining that judgment, National Union has attempted unsuccessfully to collect on the funds owed it in California. Owenby now claims that those efforts must stop because they are time-barred under California’s ten-year statute of duration and appeals one district court’s denial of her motion to recall and quash a writ of execution obtained by National Union and vacate a related levy on her bank accounts. Owenby also appeals the order of another district court affirming a bankruptcy judgment finding the debts she owes to National Union nondischargeable. Because we agree that National Union reasonably relied on false representations *61 made to it by Owenby, and also find that the adversary action in bankruptcy resulting in the nondischargeability judgment was an “action on a judgment” starting a new ten-year period for enforcement…