Steven Thompson v. Monterey Mushrooms, Inc.

418 F. App'x 643

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 7, 2011
• Docket: 09-60037
• Status: Unpublished

Opinion

MEMORANDUM **

Steven Thompson and Aster KifleThompson (“debtors”) appeal pro se from the Bankruptcy Appellate Panel’s judgment affirming the bankruptcy court’s summary judgment in an adversary proceeding determining that a California state court judgment was a nondischargeable debt. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo, Baldwin v. Kilpatrick (In re Baldwin), 249 F.3d 912, 916-17 (9th Cir.2001), and we affirm.

The bankruptcy court properly determined that the debt was nondischargeable based on the Monterey County Superior Court’s findings of fact. See 11 U.S.C. § 523(a)(2)(A), (a)(6) (debts obtained either under “false pretenses, a false representation, or actual fraud” or “for willful and malicious injury by the debtor to another entity” are nondischargeable); In re Baldwin, 249 F.3d at 917-20 (concluding that, in an adversary proceeding concerning dischargeability, the bankruptcy court properly gave preclusive effect to an issue decided in a state court action). We are not persuaded by debtors’ contentions concerning the California Workers’ Compensation Appeals Board and Board of Chiropractic Examiners.

We do not consider debtors’ contention concerning the alleged bias of the superior court judge because it was raised for the first time on appeal and its consideration is not “necessary to prevent manifest injustice.” See Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1146 (9th Cir.2008).

Debtors’ remaining contentions are unpersuasive.

Appellees’ unopposed request for judicial notice is granted.

AFFIRMED.

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