Tevis v. California Department of Veterans Affairs (In re Tevis)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 7 months ago

Citation:

Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.

Procedural context:

Appeal from the bankruptcy court for the Eastern District of California dismissing adversary proceeding, reviewed for abuse of discretion.

Facts:

Debtors filed an adversary proceeding in 2008 against their secured lender and others involved in their chapter 7 case (later converted to a chapter 13) alleging, among other things, fraud, negligence, and breach of contract. Debtors received preliminary injunctive relief but subsequently failed to prosecute their case. Debtors also failed to make chapter 13 plan payments.The bankruptcy court dismissed the case and dissolved the injunctions.

Judge(s):

Taylor, Jury, and Dunn

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