Legal Opinion · Dissent
Santa Cruz County v. Cervantes (In re Cervantes)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 31, 1998No. BAP No. NC-97-1822-RyKMe; Bankruptcy No. 96-56831-JRG; Adversary No. 97-5046Published
1Dissent
KLEIN, Bankruptcy Judge,
dissenting.
I dissent from the affirmance of the trial court’s summary judgment declaring that the $4,161 child support arrearage is discharged in bankruptcy because it was based on an inadequate summary judgment record and would remand for further proceedings.
While the trial court did an admirable job of analyzing a complex issue, the facts to which the parties stipulated in them cross-motions for summary judgment are inadequate to establish that either party is “entitled to a judgment as a matter of law” as required by Civil Rule 56(c). There is neither evidence…
2Cases cited10 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- Kip Rano v. Sipa Press, Inc., Sipa, Inc., Goskin Sipahioglu, SipaCourt of Appeals for the Ninth Circuit · 1993
- Telco Leasing, Inc. v. Transwestern Title Co., D/B/A California Land Title Co. Of MarinCourt of Appeals for the Ninth Circuit · 1980
- Kyne v. KyneCalifornia Court of Appeal · 1940
- Dolores v. Roberts v. Oren W. Hollandsworth, Grace Hollandsworth, and Idapine Mills, Inc., an Oregon CorporationCourt of Appeals for the Ninth Circuit · 1978
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