Muresan

Muresan v. United States Trustee

Good Law
285 F. App'x 455
United States Court of Appeals for the Ninth CircuitJuly 11, 2008Nos. 06-35941, 06-35942California342 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, David Muresan appeals pro se from the Bankruptcy Appellate Panel’s (“BAP’s”) judg *456 merit affirming the bankruptcy court’s orders dismissing Muresan’s bankruptcy petition and adversary proceeding. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo decisions of the BAP, Price v. U.S. Trustee (In re Price), 353 F.3d 1135, 1138 (9th Cir. 2004), and dismissals based on claim and issue preclusion, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We review for an abuse of discretion a bankruptcy court’s decision to dismiss a case for cause. In re Price, 353 F.3d at 1138 . We affirm.

The BAP correctly concluded that the bankruptcy court properly dismissed Muresan’s adversary proceeding against Michael Cole because the claims and issues raised in the adversary proceeding were litigated in state court and decided by the Washington courts in favor of Cole. See Muresan v. Cole, No. CI04-90, slip op. at 4 (Wash.Dist.Ct. Jan. 26, 2005); see also 28 U.S.C. § 1738 ; Dodd v. Hood River County, 136 F.3d 1219, 1225 (9th Cir.1998) (“Federal courts must give state court judgments the same preclusive effect as they would be…

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