Ferrara v. Condit (In Re Ferrara)

MEMORANDUM

We affirm a holding of the Bankruptcy Appellate Panel (the BAP) in favor of Mary Jane Condit, the conservator of John Charochak.

The parties are familiar with the facts and prior proceedings. We note only that the Arizona Probate Court held.that Fer-rara in 2006 became a trustee for her husband by her acts and the operation of Arizona’s Adult Protective Services Act (APSA). The Arizona Probate Court held her liable for $48,663.53 in damages and $28,818.10 in attorney fees, costs, and interest. Ferrara did not appeal the judgment.

In 2009, Ferrara began this action in the bankruptcy court in chapter 7 and sought to discharge the probate court’s judgment against her. Both the bankruptcy court and the BAP ruled against her. She appeals to us.

The BAP held that it should afford pre-clusive effect to the judgment of the Arizona Probate Court, if Arizona courts would do so Allen v. McCurry, 449 U.S. 90, 96 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980). Condit had established the required factors under Arizona law to preclude further litigation of the claim already decided definitively by the Arizona Probate Court.

Following Blyler v. Hemmeter (In re Hemmeter), 242 F.3d 1186…