Sallie Mae Servicing Corp. v. Ransom

U.S. Court of Appeals for the Ninth Circuit December 1, 2008

Sallie Mae Servicing Corp. v. Ransom, 302 F. App'x 567 (9th Cir. 2008)

Opinion of the Court

MEMORANDUM *

Under Espinosa v. United Student Aid Funds, Inc., 553 F.3d 1193 (9th Cir. 2008), which came down after the bankruptcy appellate panel had ruled, the provisions of the confirmed plan have preclusive effect. Espinosa controls. It expressly overruled the bankruptcy appellate panel decision in this case. Id. at 1204 n. 6. Accordingly, the judgment of the bankruptcy appellate panel is vacated. We are a second, independent reviewer of the bankruptcy court. Miller v. Cardinale (In re DeVille), 361 F.3d 539, 547 (9th Cir. 2004). Following Espinosa, we affirm the bankruptcy court’s decision.

JUDGMENT BELOW VACATED; BANKRUPTCY COURT AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name: In re Kimberly RANSOM, Debtor, Sallie Mae Servicing Corporation v. Kimberly Ransom, Appellee In re Kimberly Ransom, Debtor, Kimberly Ransom v. Sallie Mae Servicing Corporation
Cited By: 4 cases
Status: Published