Deitz

Deitz v. Ford

Good Law
760 F.3d 1038·2014 WL 3703834
United States Court of Appeals for the Ninth CircuitJuly 28, 2014No. 12-60036California9,257 words

Opinion

Lead Opinion

ORDER

Chapter 7 debtor Shawn Deitz seeks review of the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s judgment (1) awarding money damages to creditors Wayne and Patricia Ford; and (2) ordering that the Fords’ claim be excepted from discharge. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

This court reviews decisions of the BAP de novo and applies the same standard of review that the BAP applied to the bankruptcy court’s ruling. In re Boyajian, 564 F.3d 1088, 1090 (9th Cir.2009). In our review, we conclude that the well-reasoned majority opinion of the BAP, In re Deitz, 469 B.R. 11 (9th Cir. BAP 2012), correctly sets forth the law and the application of that law as appropriate in this case. We therefore adopt it as our own, and we attach it as an appendix to this order.

We further note that dischargeability actions are “central to federal bankruptcy proceedings,” and they are “necessarily resolved during the process of allowing or disallowing claims against the estate.” Carpenters Pension Trust Fund for N. Cal. v. Moxley, 734 F.3d 864, 868 (9th Cir.2013). “The dischargeability determination. ... therefore constitutes a public…

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