Legal Opinion
DiSalvo v. DiSalvo (In Re DiSalvo)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided June 11, 1998No. BAP No. CC-96-1975-PTJ, Bankruptcy No. LA 95-23292 TD, Adversary No. LA 96-02702PublishedCited by 1 opinion
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge.
Debtor3 appeals the bankruptcy court’s dismissal of his claims for abuse of process and tortious violation of California Code of Civil Procedure § 726(a).4 We REVERSE the dismissal of the claim for abuse of process and AFFIRM the dismissal of the tor-tious violation claim.
FACTS
Debtor and defendant DiSalvo (“defendant”) were divorced in 1990. The dissolution judgment included an equalizing award of $100,000, to be evidenced by a note and trust deed. Debtor executed the note and trust deed, but never paid any of the award. Between January and May 1995, defendant,…
2Cases cited18 opinions
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Nl Industries, Inc. v. Stuart M. KaplanCourt of Appeals for the Ninth Circuit · 1986
- James Clark v. Amoco Production Co., Etc.Court of Appeals for the Fifth Circuit · 1986
- Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988
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3Cited by1 opinion
- DiSalvo v. DiSalvo (In Re DiSalvo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998