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

Sallie Mae Servicing Corp. v. Ransom

Sallie Mae Servicing Corp. v. Ransom
U.S. Court of Appeals for the Ninth Circuit · Decided December 1, 2008
302 F. App'x 567

Sallie Mae Servicing Corp. v. Ransom

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.

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