Legal Opinion · Dissent
In Re Daniel Byron Cady, Debtor, Jeffrey Palm Danielle Lynn Scapparo v. Daniel Byron Cady William A. Klapperman Alfred Siegel
Court of Appeals for the Ninth Circuit
Decided January 3, 2003No. 01-56735Published
1DissentBerzon, Circuit Judge
I respectfully dissent.
In my view, the opinion upon which this case hinged, Watson v. City National Bank (In Re Watson), 78 B.R. 232(9th Cir.BAP1987) (“Watson I”), was wrongly decided by the Bankruptcy Appellate Panel.
Watson I held that creditors who obtain judgments of nondischargeability may pursue “their claims without first seeking relief from the automatic stay imposed by Section 362.” Id. at 232. That conclusion, in my view, cannot be squared with the statutory materials.
Section 362 of the Bankruptcy Code provides in sweeping term's that “[ejxcept as provided in subsection (b) of this…
2Cases cited29 opinions
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.)Court of Appeals for the Ninth Circuit · 1990
- Algeran, Inc. v. Advance Ross Corp.Court of Appeals for the Ninth Circuit · 1985
- In Re Michael J. Kissinger, Debtor. Thomas Mataya, Creditor-Appellee v. Michael J. Kissinger, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1995
- Bonnie Lee Mendenhall,petitioner v. National Transportation Safety Board Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 2000
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