Aguiluz v. Jaffe (In Re Aguiluz)

MEMORANDUM

Debtor Heroico Aguiluz appeals a decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting summary judgment to judgment creditor Howard Jaffe on Jaffe’s complaint to determine dischargeability. The bankruptcy court found that nine monetary sanctions imposed on Aguiluz for discovery violations in two state court actions were nondischargeable under 11 U.S.C. § 523 (a)(6) because they arose from Aguiluz’s “willful and malicious injury” to Jaffe. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

The bankruptcy court’s order declaring the sanctions debt nondischargeable was not moot on account of the bankruptcy court’s previous order discharging Aguiluz from bankruptcy. By statute and by its express terms, the discharge order was subject to Jaffe’s pending complaint to determine dischargeability. See 11 U.S.C. § 727 (b).

To the extent Aguiluz challenges the transfer of the adversary proceeding from Judge Bufford to Judge Carroll, case assignment decisions are “matter[s] of judicial administration committed to the sound discretion of the court.” Cruz v. Abbate, 812 F.2d 571, 574 (9th Cir.1987). Transfer of Judge…