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In light of Stern, BAP upholds 523(a) final determination and damage award
Ford v. Deitz (In re Deitz), 2012 DAR 5152 (9th Cir. BAP 4/25/12)(Pappas, Dunn, Markell), which holds that Stern is a limited decision and that until the 9th Cir revisits the award of damages issue, BAP is bound by prior 9th Cir. decision allowing BK court to enter final damage award.
Concurring opinion by Judge Markell questions both jurisdiction (damages are, at best, related-to) and the power (may not be fundamental to jurisdiction) of an Art I judge to make final determination as to damages. Stay tuned.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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Ford v. Deitz (In re Deitz), 2012 DAR 5152 (9th Cir. BAP 4/25/12)(Pappas, Dunn, Markell), which holds that Stern is a limited decision and that until the 9th Cir revisits the award of damages issue, BAP is bound by prior 9th Cir. decision allowing BK court to enter final damage award.
Concurring opinion by Judge Markell questions both jurisdiction (damages are, at best, related-to) and the power (may not be fundamental to jurisdiction) of an Art I judge to make final determination as to damages. Stay tuned.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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