Stasz

Stasz v. Eisenberg (In re Stasz)

Good Law
352 F. App'x 154
United States Court of Appeals for the Ninth CircuitOctober 6, 2009No. 07-55455California293 words

Opinion

Lead Opinion

MEMORANDUM **

Shanel Ann Stasz, a Chapter 7 debtor, appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s summary judgment that her debt to Hugo Quackenbush was nondischargeable in bankruptcy. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo decisions of the BAP, and thus review the bankruptcy court’s decision under the same standards used by the BAP. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir.2009). We review de novo the order granting summary judgment. Id. We affirm.

The BAP properly concluded that the bankruptcy court did not err when it granted summary judgment because Stasz failed to raise a triable issue as to whether the underlying arbitration was adjudicatory in nature. See Jacobs v. CBS Broad., Inc., 291 F.3d 1173, 1178 (9th Cir.2002) (outlining factors used to determine when an arbitration was sufficiently adjudicatory in nature as to have collateral estoppel effect); see also Khaligh v. Hadaegh (In re Khaligh), 338 B.R. 817, 824 (9th Cir. BAP 2006) (“[T]he confirmation of a private arbitration award by a state court has the status of a judgment.”). The issue of whether…

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