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FILED NOT FOR PUBLICATION JUN 20 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT In re: MARIZA SUAREZ, No. 09-60007 Debtor, BAP No. SC-07-1401-MoJuKw MARIZA SUAREZ, MEMORANDUM * Appellant, v. TRACY BARRETT, Appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Montali, Jury, and Kwan, Bankruptcy Judges, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Mariza Suarez, a Chapter 7 debtor, appeals pro se from the Bankruptcy * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Appellate Panel’s judgment affirming the bankruptcy court’s judgment, following a trial, determining that Suarez’s debt to Tracy Barrett is nondischargeable in bankruptcy under
11 U.S.C. § 523(a)(6). We have jurisdiction under
28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian),
564 F.3d 1088, 1090 (9th Cir. 2009). We review de novo the bankruptcy court’s conclusions of law and for clear error its findings of fact. Petralia v. Jercich (In re Jercich),
238 F.3d 1202, 1204-05 (9th Cir. 2001). We affirm. The bankruptcy court properly determined that the debt in question resulted from a willful and malicious injury and therefore was not subject to discharge under
11 U.S.C. § 523(a)(6). See Ormsby v. First Am. Title Co. (In re Ormsby),
591 F.3d 1199, 1206-07 (9th Cir. 2010) (setting forth elements of § 523(a)(6)); Papadakis v. Zelis (In re Zelis),
66 F.3d 205, 208-09 (9th Cir. 1995) (affirming bankruptcy court’s determination that debtor’s conduct resulting in state court’s award of sanctions was willful and malicious and therefore sanctions were nondischargeable). Suarez’s contentions concerning the propriety of the state court contempt ruling are unpersuasive. 2 09-60007 Suarez’s motion to strike Attachment 5A from Barrett’s excerpts of record, filed on April 25, 2011, is granted. AFFIRMED. 3 09-60007
Document Info
Docket Number: 09-60007
Citation Numbers: 529 F. App'x 832
Judges: Hurwitz, Smith, Tallman
Filed Date: 6/20/2013
Precedential Status: Non-Precedential
Modified Date: 8/6/2023