- BAP No. CC-13-1483-TaDki
- In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney fees) the judgment became final for jurisdictional purposes. The BAP affirmed the bankruptcy court’s decision that DC Media’s judgment lien was not a contingent liability.
- Procedural context:
- Debtor sough partial summary judgment and DC Media filed a cross motion and opposition to Debtor’s motion. DC Media filed a notice of appeal and motion for leave to appeal the bankruptcy court’s first summary judgment order as interlocutory. The BAP denied leave and dismissed DC Media’s first appeal. DC Media appealed the judgment entered by the bankruptcy court after the Debtor’s second motion for summary judgment.
- The Debtor commenced an adversary proceeding against DC Media to avoid 3 alleged preferential transfers, including DC Media’s notice of judgment lien recorded 89 days prior to the commencement of the bankruptcy. In regards to the prepetition judgment lien, DC Media asserted 3 grounds in support of denying the Debtor’s motion for summary judgment: (i) there was no transfer during 90 days prepetition (ii) there was sufficient evidence to rebut presumption of insolvency and (iii) the Debtor failed to prove that DC Media received more than it would in a hypothetical Chapter 7. The bankruptcy court entered an amended memorandum decision regarding the first summary judgment motion wherein the bankruptcy court granted summary judgment in favor of the Debtor as to all elements necessary to avoid the judgment lien with the exception of whether the judgment lien allowed DC Media to receive more than it would in a hypothetical Chapter 7. Debtor filed a second motion for summary judgment regarding the remaining element of avoidance, and DC Media did not oppose the second motion. The bankruptcy court entered a separate judgment avoiding DC Media’s judgment lien.
- Taylor, Dunn, and Kirscher, Bankruptcy Judges
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