Warren

Warren v. Cybulski

Good Law
2016 WL 1176398·556 B.R. 429·2016 U.S. Dist. LEXIS 40624
United States District Court, Northern District of CaliforniaMarch 28, 2016Case No.: 15-cv-1968-YGRCalifornia3,309 words

Opinion

Lead Opinion

Rogers, J.

Order Affirming in Part and Vacating in Part Judgment of Bankruptcy Court

Appellant Rita Warren (“Creditor”), proceeding pro se, appeals the order of the bankruptcy court below dismissing her claims that debts owed to her by Appellee Glenn Cybulski (“Debtor”) are non-dis-chargeable. The bankruptcy court entered summary judgment against Creditor on the basis of default admissions deemed established as a result of Creditor’s failure to respond to Debtor’s requests for admis *431 sion pursuant to Federal Rule of Civil Procedure 36(b). (Dkt. No. 19-1.) Creditor timely appealed, arguing she was not granted the opportunity to speak in opposition to Debtor’s motion before the bankruptcy court. The Court has jurisdiction over this appeal of a final judgment. 28 U.S.C. § 158 (a)(1).

Having carefully considered the papers submitted and the record in this case, the Court Affirms in Part and Vacates in Part the judgment of the bankruptcy court.

I. Factual and Procedural Background

In 2001, Creditor invested approximately one million dollars of an inheritance in Trilogy Investment Group ' (“TIG”), of which Debtor was a managing member. (Dkt. No. 16-4, Second Amended Complaint “SAC,” ¶¶ 5,…

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