Roxsanna Ryan v. Christy Brandon

689 F. App'x 879

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 25, 2017
• Docket: 15-35212
• Status: Unpublished

Opinion

MEMORANDUM **

Appellant Roxsanna Ryan appeals the district court’s reversal of the bankruptcy court order granting Debtor Warren Charles Bodeker’s motion to rescind his waiver of a homestead exemption which Bodeker agreed to as part of a stipulation. We affirm.

First, Law v. Siegel is not a subsequent change in the law applicable to this case because no court equitably surcharged Bo-deker’s homestead. See — U.S. -, 134 S.Ct. 1188, 188 L.Ed.2d 146, 1194-97 (2014). Even if Siegel applied, a subsequent change in law generally does not provide a basis for a party to rescind a stipulation. In re Marriage of Grace, 198 Mont. 97, 643 P.2d 1188, 1191-92 (1982); see also Jeff D. v. Andrus, 899 F.2d 753, 759 (9th Cir. 1989) (holding that “enforcement of settlement agreements [is] governed by principles of local law”).

Second, 11 U.S.C. § 522(e) only applies to the waiver of an exemption in favor of a creditor with an “unsecured claim.” Trustee-Appellee Christy L. Brandon is neither an unsecured creditor nor holds an unsecured claim. Any incidental benefit to Bo-deker’s creditors as a result of the stipulation does not render § 522(e) applicable to this case.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.