Thoroughman

Thoroughman v. Savittieri

Good Law
323 F. App'x 548
United States Court of Appeals for the Ninth CircuitApril 21, 2009Nos. 07-17191, 07-17262California672 words

Opinion

Lead Opinion

*550 MEMORANDUM ***

Chapter 7 debtor David Thoroughman appeals the district court’s order affirming the bankruptcy court’s summary judgment in favor of Chris and Susan Savittieri, finding nondischargeable Thoroughman’s debt to the Savittieris. The Savittieris cross-appeal the district court’s order affirming the bankruptcy court’s denial of their request for attorneys’ fees. We have jurisdiction under 28 U.S.C. §§ 158 (d) and 1291. We affirm.

Thoroughman’s deposition testimony and declaration were materially contradictory regarding the liquidity of the Savittieris’ investment and although Thor-oughman was given the opportunity, he failed to explain the contradiction. His contradictory testimony does not, therefore, create a genuine issue of material fact. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256-57 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986) (holding non-moving party cannot defeat a properly supported summary judgment motion without offering significant probative evidence tending to show a contrary conclusion, and “discredited testimony is not [normally] considered a sufficient basis for drawing a contrary conclusion”); Block v. City of Los Angeles, 253 F.3d 410 , 419…

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