In re: MICHEAL DAVID SOTO AND KALONI RAE WILLIAMS-SCOW
- Summarized by Lars Fuller , BakerHostetler
- 1 year 4 months ago
- Case Type:
- Case Status:
- BAP No. MT-20-1192-TBC (9th Circuit, Oct 29,2021) Not Published
- BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Mon.) dismissing imprisoned creditor's 523(a)(6) suit against chapter 7 debtor due to creditor's failure to pay filing fee. There are no statutory provisions for waiver of an adversary filing fee and Art. I bankruptcy court judge had no discretion to waive filing fee requirement. Bankruptcy court gave prisoner an extension of time to pay filing fee and prisoner failed to do so.
- Procedural context:
- Bankruptcy court (D. Mon.) sua sponte dismissed creditor's 523(a)(6) adversary suit based on creditor's failure to pay filing fee for suit. Creditor appealed to BAP for 9th Cir.
- Creditor obtained entry of default against debtor in state court. Debtor filed bankruptcy under chapter 7 before default judgment entered. Creditor, an incarcerated prisoner, commenced 523(a)(6) action against debtor, but failed to pay filing fee. Creditor requested waiver of the filing fee. Bankruptcy court denied request, but gave prisoner extension of time to pay filing fee. Creditor failed to do so.
- Taylor, Brand, Gan
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!