Central District Consumer Bankruptcy Attorney's Association

What is the event code for filing a reply to an opposition to plan confo?
late Friday and my brain is fried.
d
What is the event code for filing a reply to an opposition to plan confo?late Friday and my brain is fried.d

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The answer is, in case anyone cares: " Appellant does not discuss the issue
of substantial contribution in his brief. The BAP has recently reaffirmed
the position that an issue not briefed is deemed waived.

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See Section E "Issues on Appeal" in the BAP Litigation Manual.
Please make sure to attend the next cdcbaa'sdinner with the BAP!

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the technical answer to your question is that:
1. Only an issue raised below may be raised on appeal, unless it deals with jurisdiction which the court can raise on its own, or if it thinks an issue is sexy. We all know that it's not uncommon for the reported posture of the case to be completely different from the case we know.
2. Issues not raised in the opening brief are waived. The statement of issues is irrelevant. You can take that to the bank but I don't have the cites at hand. There is a treatise on Ninth Circuit appeals, however, which I have in my library and everyone should have in theirs, and that what it says.
3. The appeals court may affirm on any ground appearing in the record, argued or not. Sort of similar to the ability of a trial court to grant summary judgment against the person who moves for summary judgment.

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Take a look at the Appellate materials that were handed out last year
at the Dinner with the BAP. If I recall, the BAP judges said that the
Statement of Issues was not the final word on the appealable issues,
rather the issues on appeal were actually determined upon what was
raised in the lower court. And, the case law supports that proposition.
Lou Esbin
ps... Peter Lively, make sure that we arrange with the BAP for this
year's Dinner with the BAP.
>
> I'm finishing an appellate brief for the BAP. Putting finishing
> touches on and expected to easily find cases that say that issues
> raised in the Statement of Issues on Appeal but not raised in the
> Appellant's brief, are waived. In my case the Appellant listed 21
> issues on appeal, but mentioned 2 in her opening brief. I want
> authority that says the 19 un-discussed "issues" are waived.
>
> EASY, right? I've been on WESTLAW for two hours and have NOTHING.
> Anyone got a cite for me?
>
> Please, my deadline is tomorrow. Thanks
>

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I'm finishing an appellate brief for the BAP. Putting finishing
touches on and expected to easily find cases that say that issues
raised in the Statement of Issues on Appeal but not raised in the
Appellant's brief, are waived. In my case the Appellant listed 21
issues on appeal, but mentioned 2 in her opening brief. I want
authority that says the 19 un-discussed "issues" are waived.
EASY, right? I've been on WESTLAW for two hours and have NOTHING.
Anyone got a cite for me?
Please, my deadline is tomorrow. Thanks

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