Salazar

Salazar v. McDonald (In re Salazar)

Good Law
156 F. App'x 921
United States Court of Appeals for the Ninth CircuitDecember 5, 2005No. 04-15180California373 words

Opinion

Lead Opinion

MEMORANDUM **

Frank and Margaret Salazar, the debtors in a Chapter 13 1 bankruptcy proceeding, appeal the decision of the bankruptcy appellate panel which affirmed the bankruptcy court’s determination that Armando and Christine Flores have a priority claim in bankruptcy. 2 We affirm.

(1) The Salazars assert that they were deprived of due process when the bankruptcy court raised the priority issue sua sponte at the hearing on their objections to the Floreses’ purported secured claim. They do so without citation of authority or argument. Mere assertions, or passing references, are not sufficient to place an issue before us for consideration. See Alcock v. Small Bus. Admin. (In re Alcock), 50 F.3d 1456 , 1461 n. 9 (9th Cir.1995). We decline to consider the issue.

(2) The Salazars argue that because the Floreses’ claim was late, it need not (and should not) be paid at all. The objection was not raised to the bankruptcy court, and we will not entertain it for the first time on appeal. See Crawford v. *923 Lungren, 96 F.3d 380 , 389 n. 6 (9th Cir.1996); Int’l Union of Bricklayers & Allied Craftsman Local Union No. 20 v. Martin Jaska, Inc., 752 F.2d 1401, 1404 (9th Cir.1985).

(3) The…

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