Bryan

Bryan v. Bryan

Good Law
110 F. App'x 32
United States Court of Appeals for the Ninth CircuitSeptember 16, 2004No. 03-55854; BAP No. SC-01-01488-RyMaBaCalifornia369 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffry D. Bryan (“Debtor”) appeals pro se the Bankruptcy Appellate Panel’s (“BAP”) order affirming the bankruptcy court’s order finding that $104,827.58 of a state court’s judgment in favor of Debtor’s sister, Patricia, is nondischargeable in bankruptcy. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo decisions of the BAP, and we review the bankruptcy court’s conclusions of law de novo and its findings of fact for clear error. In re Summers, 332 F.3d 1240 , 1242 (9th Cir.2003). We review discovery rulings for abuse of discretion. Hall v. Norton, 266 F.3d 969, 977 (9th Cir.2001). We affirm.

We reject Debtor’s contention that the bankruptcy court was bound by the special verdict form awarding punitive damages for fraud in determining what portion of the state court judgment was nondischargeable. See 11 U.S.C. § 523 (a)(2)(A), (a)(6) (providing for nondischargeability of debts for money or property obtained by fraud or willful and malicious injury); In re Comer, 723 F.2d 737, 740 (9th Cir.1984) (bankruptcy court is not precluded by judgment from exercising its exclusive jurisdiction to determine the nature of debt for purposes of…

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