Lindquist

Lindquist v. Lindquist

Good Law
265 F. App'x 471
United States Court of Appeals for the Ninth CircuitJanuary 22, 2008No. 06-35821California388 words

Opinion

lead Opinion

MEMORANDUM **

Eleanor Lindquist appeals pro se from the district court’s judgment dismissing her appeal from a bankruptcy court’s order dismissing without prejudice her adversary complaint in Jeffrey Lindquist’s Chapter 13 bankruptcy proceedings. We have jurisdiction pursuant to 28 U.S.C. §§ 158 (d) and 1291. We review de novo, Zimmer v. PSB Lending Corp. (In re Zimmer), 313 F.3d 1220, 1222 (9th Cir.2002), and we affirm.

The bankruptcy court properly determined that any liability for the causes of action in Ms. Lindquist’s complaint, all of which were fraud-based, was subject to discharge at the completion of Mr. Lind-quist’s Chapter 13 bankruptcy proceedings under the applicable law. See 11 U.S.C. § 1328 (a) (2004) (allowing discharge of fraud-related debts); see also In re Gregory, 705 F.2d 1118 , 1120 n. 2 (9th Cir.1983) (noting that the applicable version of § 1328(a) “clearly authorizes the discharge of all debts provided for in the plan, including fraud-related debts”).

Contrary to Ms. Lindquist’s contentions, she received adequate notice prior to the *472 bankruptcy court’s dismissal of her complaint and an opportunity to object, and, thus, the bankruptcy court did not…

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