U.S. Court of Appeals for the Ninth Circuit
Schafler v. Spear
This writing
- Type
- Opinion of the Court
- Filed
- March 25, 2003
- Case
- Schafler v. Spear
- Case status
- Decided
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Opening text
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MEMORANDUM ** Schafler appeals the District Court decision upholding summary judgment granted against her and in favor of the bankruptcy Trustee by the United States Bankruptcy Court of the Northern District of California. We review the grant of summary judgment de novo. In re Stanton, 303 F.3d 939 , 941 (9th Cir.2002). Schafler also appeals a decision of the Bankruptcy Appellate Panel, affirming the Bankruptcy Court’s order denying Schafler’s claim for an administrative expense. We review a bankruptcy court’s denial of an administrative expense claim for abuse of discretion. In re Hanna, 168 B.R. 386, 388 (9th Cir.BAP1994). Finally, Schafler appeals an order of the District Court dismissing her claims against United States Bankruptcy Judge Randall J. Newsome. We review de novo the dismissal of a suit based on judicial immunity. Harvey v. Waldron, 210 F.3d 1008, 1011 (9th Cir.2000). Assets held by the Max Family Living Trust as of March 26, 1996, were properly determined by the Bankruptcy Court to be property of the bankruptcy estate. All property held by the debtor at the commencement of a Chapter 7 bankruptcy proceeding is part of the bankruptcy estate unless it is excluded by 11…
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