Roxsanna Ryan v. Christy Brandon

U.S. Court of Appeals for the Ninth Circuit
Roxsanna Ryan v. Christy Brandon, 689 F. App'x 879 (9th Cir. 2017)

Roxsanna Ryan v. Christy Brandon

Opinion

MEMORANDUM **

Appellant Roxsanna Ryan appeals the district court’s reversal of the bankruptcy court order granting Debtor Warren Charles Bodeker’s motion to rescind his waiver of a homestead exemption which Bodeker agreed to as part of a stipulation. We affirm.

First, Law v. Siegel is not a subsequent change in the law applicable to this case because no court equitably surcharged Bo-deker’s homestead. See — U.S. -, 134 S.Ct. 1188, 188 L.Ed.2d 146, 1194-97 (2014). Even if Siegel applied, a subsequent change in law generally does not *880 provide a basis for a party to rescind a stipulation. In re Marriage of Grace, 198 Mont. 97, 643 P.2d 1188, 1191-92 (1982); see also Jeff D. v. Andrus, 899 F.2d 753, 759 (9th Cir. 1989) (holding that “enforcement of settlement agreements [is] governed by principles of local law”).

Second, 11 U.S.C. § 522(e) only applies to the waiver of an exemption in favor of a creditor with an “unsecured claim.” Trustee-Appellee Christy L. Brandon is neither an unsecured creditor nor holds an unsecured claim. Any incidental benefit to Bo-deker’s creditors as a result of the stipulation does not render § 522(e) applicable to this case.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
In RE: Warren Charles BODEKER, Roxsanna Ryan, the Personal Representative of the Estate of Warren Charles Bodeker, Debtor-Appellant, v. Christy L. Brandon, Trustee-Appellee
Cited By
1 case
Status
Unpublished