Brown v. Chamouille (In re Brown)
- Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
- 1 year 9 months ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- No. 23-60035 (9th Circuit, May 13,2024) Not Published
- Tag(s):
-
- Ruling:
- The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a summary judgment finding a debtor owed his sister-in-law a non-dischargeable debt based on his refusal to vacate real property devised to her in his deceased wife's will. The debtor committed trespass under California law and the resulting debt was excepted from the debtor's discharge under 11 U.S.C. § 523(a)(6) as it was for a willful and malicious injury. The bankruptcy court also did not err in calculating damages owed to the sister-in-law based on unpaid rent.
- Procedural context:
- The debtor timely appealed the bankruptcy court's summary judgment decision to the Bankruptcy Appellate Panel for the Ninth Circuit, which affirmed. Debtor then filed a second appeal to the Ninth Circuit, which reviewed the BAP's decision de novo, "applying the same standard of review that the BAP applied to the bankruptcy court's ruling."
- Facts:
- Mandana Kabiri Brown died in 2018. In her will, she left real property in Los Angeles, California--which she owned separately from her husband, Debtor/Appellant Kirk Brown--to her sister, Appellee Roxana Chamouille. Debtor lived in that property. Appellee filed a probate petition, which afforded Debtor 60 days to vacate the property under California law. Debtor did not timely vacate the property, and refused to do so even after a state probate court entered an order stating Appellee was entitled to ownership of the property and Debtor had no right to live there and was obligated to leave. After Appellee filed an ejectment action, Debtor filed a chapter 7 petition in the U.S. Bankruptcy Court for the Central District of California. Appellee received relief from the automatic stay to continue the ejectment action and received an ejectment judgment and a writ of possession. Debtor's refusal to vacate the property extended for nearly three years. Appellee filed a complaint seeking damages and relief under 11 U.S.C. § 523(a)(6). She contended the debt Debtor owed her stemmed from willful and malicious acts insofar as his refusal to vacate the property constituted a trespass under California law. Appellee moved for a summary judgment on her claim and the bankruptcy court granted the motion, awarding Appellee a non-dischargeable judgment totaling $446,785.91 (including lost rent, legal fees, costs to secure the property, and sanctions awarded against Debtor in the probate court).
- Judge(s):
- TALLMAN, FORREST, and BUMATAY
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