Dzakula v. McHugh

Full title: MAIDA DZAKULA, Plaintiff-Appellant, v. JOHN M. MCHUGH, Secretary of the…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 15, 2014

746 F.3d 400 (9th Cir. 2014)

Opinion

746 F.3d 400 (9th Cir. 2014) MAIDA DZAKULA, Plaintiff-Appellant, v. JOHN M. MCHUGH, Secretary of the Army, Defendant-Appellee No. 11-16404 United States Court of Appeals, Ninth Circuit January 15, 2014

Appeal from the United States District Court for the Northern District of California. D.C. No. 5:10-CV-05462-PSG. Paul S. Grewal, Magistrate Judge, Presiding.

Before: Michael Daly Hawkins, Susan P. Graber, and Morgan Christen, Circuit Judges.

OPINION

ORDER

The opinion filed on December 11, 2013, and published at 737 F.3d 633, is amended by the opinion filed concurrently with this order, as follows:

At slip opinion page 3, 737 F.3d at 634, in the first paragraph, insert the following after " potential asset." :

After Plaintiff added this action to the schedules, the bankruptcy court discharged her debts and closed the case.¹

1 Plaintiff argued before the district court that, by operation of 11 U.S.C. § 554(c), this claim was abandoned to her when the bankruptcy court closed the case, and Defendants have not disputed that interpretation.

The time for filing petitions for panel rehearing and for rehearing en banc shall remain the same from the December 11, 2013, original filed date of the opinion.