Legal Opinion

Carter v. Brooms (In Re Brooms)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 18, 2011No. BAP No. NC-10-1117-KiSaH. Adversary No. 09-04584. Bankruptcy No. 09-49461PublishedCited by 11 opinions

1Opinion of the Court

OPINION

KIRSCHER, Bankruptcy Judge.

Creditor-Appellant, Brian M. Carter (“Carter”), individually and doing business as Discovery Judgment Recovery (“DJR”), 2 appeals a judgment from the bankruptcy court ordering that a prepetition debt arising from a state court judgment owed by debtor Kermit Douglas Brooms (“Brooms”) to assignee Carter, or to Carter’s assignor, Erika Jorgenson (“Jorgenson”), was discharged due to Carter’s willful failure to comply with two bankruptcy court orders. For the following reasons, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The State Court Action.

In January…

2Cases cited21 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  3. Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
  4. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  5. Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008

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3Cited by11 opinions

  1. Iowa Supreme Court Commission on the Unauthorized Practice of Law v. Raymond William SullinsSupreme Court of Iowa · 2017
  2. Sung Ho Cha v. Rappaport (In Re Sung Ho Cha)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  3. Amended July 10, 2017 Iowa Supreme Court Commission on the Unauthorized Practice of Law v. Raymond William SullinsSupreme Court of Iowa · 2017
  4. Dale Sundby and Edith Littlefield Sundby v. Fidelity National Title Insurance Company, Scot Fine, Marquee Funding Group, Inc., Platinum Loan Servicing, Inc., Ryan Joe (R.J.) Solovy, Troy H. Slome, Jeffrey Myers, Kathleen Myers, Andres Salsido, Trustee, Benning ManagementDistrict Court, S.D. California · 2026
  5. In re: Jack KleinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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