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In re Marshall

United States Court of Appeals, Ninth Circuit
Dec 30, 2004
119 F. App'x 136 (9th Cir. 2004)

Opinion

Argued and Submitted Oct. 9, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Sanford Svetcov, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, San Francisco, CA, for Appellant.


Appeal from the United States District Court for the Central District of California; David O. Carter, District Judge, Presiding.

Before BEEZER, KLEINFELD, and PAEZ, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

We have jurisdiction pursuant to 28 U.S.C. §§ 158(d) and 1291. We review de novo the district court's decision on an appeal from a bankruptcy court. In re Saxman, 325 F.3d 1168, 1172 (9th Cir.2003). We independently review the bankruptcy court's decision and do not give deference to the determinations of the district court. Id.

We grant the requests for judicial notice filed by E. Pierce Marshall and Vickie Lynn Marshall.

We reverse the district court because the conduct giving rise to the attorney fee award occurred post-discharge and therefore does not violate Vickie Lynn Marshall's discharge injunction. See Siegel v. Fed. Home Loan Mortgage Corp., 143 F.3d 525, 532-34 (9th Cir.1998). We remand to the district court with instructions for the district court to reverse the decision of the bankruptcy court and for it to remand this case to the bankruptcy court for proceedings consistent with this disposition.

REVERSED and REMANDED.


Summaries of

In re Marshall

United States Court of Appeals, Ninth Circuit
Dec 30, 2004
119 F. App'x 136 (9th Cir. 2004)
Case details for

In re Marshall

Case Details

Full title:In re: Vickie Lynn MARSHALL, Debtor, v. Vickie Lynn Marshall, Appellee. E…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 30, 2004

Citations

119 F. App'x 136 (9th Cir. 2004)

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