Erde v. Dye (In re Erde)

Case Type:
Case Status:
No. CC-18-1321-FLS, 2019 WL 2399708 (9th Circuit, Jun 06,2019) Not Published
Debtor was a vexatious litigant, and his claims suffered from numerous fatal defects. Debtor's claims were properly dismissed with prejudice.
Procedural context:
Debtor commenced a litigation campaign that included at least six lawsuits in state and federal court, five bankruptcy cases, and nineteen adversary proceedings in bankruptcy court. All of his lawsuits have been dismissed with prejudice, his motions for post-judgment relief have been denied, and his appeals have failed. Courts have declared him a vexatious litigant at least four times. In this appeal, debtor sued the chapter 7 trustee in his third bankruptcy case, alleging that she improperly settled a claim that she had abandoned to him and failed to pay real property taxes. His claims suffered from numerous fatal defects: among other things, the trustee never settled the abandoned claim, and the taxing authority never filed a proof of claim for the unpaid real property taxes.
Debtor formed a partnership to redevelop an aging building. Debtor failed to find financing to pay off the loan on the property.
Faris, Lafferty, Spraker

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