Chavez

Cau-Min Li v. Chavez

Good Law
286 F. App'x 527
United States Court of Appeals for the Ninth CircuitAugust 7, 2008No. 06-55984California347 words

Opinion

Lead Opinion

*528 MEMORANDUM **

Cau-Min Li, Jenny Tong, and Michael Goudie appeal pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s orders denying their second motion for default judgment and dismissing their adversary proceeding. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo the BAP’s decision. Turtle Rock Meadows Homeowners Ass’n v. Slyman (In re Slyman), 234 F.3d 1081, 1085 (9th Cir.2000). We affirm.

The BAP properly concluded that the bankruptcy court did not abuse its discretion by denying the motion for default judgment because Li, Tong, and Goudie failed to present evidence that the debt was incurred by false statements, fraud, or a willful and malicious injury, and failed to present evidence that the debtors knowingly and fraudulently made false statements in their bankruptcy documents. See 11 U.S.C. §§ 523 (a)(2), 523(a)(6), 727(a)(4)(A); Field v. Mans, 516 U.S. 59, 66 , 116 S.Ct. 437 , 133 L.Ed.2d 351 (1995) (explaining the circumstances under which § 523(a)(2)(A) and (B) bar a debt from discharge); Ditto v. McCurdy, 510 F.3d 1070, 1077 (9th Cir.2007) (indicating that the “willful and malicious injury” exception under…

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