Amoroso

ZTE Electronics Corp. v. Amoroso

Good Law
223 F. App'x 708
United States Court of Appeals for the Ninth CircuitMarch 1, 2007No. 05-55139California415 words

Opinion

Lead Opinion

*709 MEMORANDUM **

ZTE Electronics Corporation, Inc. (“ZTE”) appeals the Bankruptcy Appellate Panel’s memorandum opinion affirming the bankruptcy court’s ruling that John Edward Amoroso, Jr.’s debt was dischargeable. Because the parties are familiar with the facts of this case, we will not recount them here. This court has jurisdiction under 28 U.S.C. § 158 (d).

Decisions of the Bankruptcy Appellate Panel and bankruptcy court are reviewed de novo. Endo Steel, Inc. v. Janas (In re JWJ Contracting Co., Inc.), 371 F.3d 1079, 1081 (9th Cir.2004); Carrillo v. Su (In re Su), 290 F.3d 1140, 1142 (9th Cir.2002). Factual findings are reviewed for clear error. Fed. R. Bankr. P. 8013. Whether a claim is dischargeable is a mixed question of law and fact reviewed de novo. In re Su, 290 F.3d at 1142 ; Murray v. Bammer (In re Bammer), 131 F.3d 788, 791-92 (9th Cir.1997) (en banc).

The bankruptcy court did not err in rejecting ZTE’s non-dischargeability argument. It was ZTE’s burden to establish that Amoroso was personally hable for the debt of his company to ZTE. Banks v. Gill Distrib. Ctrs., Inc. (In re Banks), 263 F.3d 862, 868 (9th Cir.2001); Mills v. Sdrawde Titleholders, Inc. (In re…

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