Eickerman v. La Jolla Group, II
- Summarized by Bryan Robinson , Law Offices of Bryan Robinson
- 9 years 11 months ago
- Citation:
- Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
- Tag(s):
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- Ruling:
- The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman (Appellant) defaulted during the execution of his Second Chapter 13 plan. The court also affirmed that appelle's lien remained viable even though Eickerman (Appellant) satisfied his Chapter 13 plan provisions.
- Procedural context:
- Appellant Gary Ulrich Eickerman (Eickerman) challenges the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) for post-confirmation claim for fees and expenses. Appellant also challenged the bankruptcy court's finding that confirmation of and satisfaction of plan provisions was not res judicata on claims by appellee for default on lien.
- Facts:
- Appellant Gary Ulrich Eickerman (Eickerman) filed a bankruptcy petition under chapter 13. The second plan submitted by appellant was confirmed by the bankruptcy court. Post confirmation, appellant defaulted on the promissory note and deed of trust executed by appellant. Appellee La Jolla Group, II (LJG) filed a motion for post-confirmation claim for fees and expenses when appellant defaulted. Appellant argued that the confirmation of the plan and the claim filed by appellant precluded a post confirmation claim for fees and expenses.
- Judge(s):
- TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
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