Filed: Jan. 13, 2014
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION JAN 13 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: MARLOW HOWARD HOOPER, No. 12-60013 DBA Alta Loma Financial and MONIQUE LORI HOOPER, BAP No. 11-1269 Debtors, MEMORANDUM* MARLOW HOWARD HOOPER and MONIQUE LORI HOOPER, Appellants, v. KARL T. ANDERSON, Chapter 7 Trustee; et al., Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Pappas, Markell, and Case, Bankruptcy Judges, Presiding Submitt
Summary: FILED NOT FOR PUBLICATION JAN 13 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: MARLOW HOWARD HOOPER, No. 12-60013 DBA Alta Loma Financial and MONIQUE LORI HOOPER, BAP No. 11-1269 Debtors, MEMORANDUM* MARLOW HOWARD HOOPER and MONIQUE LORI HOOPER, Appellants, v. KARL T. ANDERSON, Chapter 7 Trustee; et al., Appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Pappas, Markell, and Case, Bankruptcy Judges, Presiding Submitte..
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FILED
NOT FOR PUBLICATION JAN 13 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: MARLOW HOWARD HOOPER, No. 12-60013
DBA Alta Loma Financial and MONIQUE
LORI HOOPER, BAP No. 11-1269
Debtors,
MEMORANDUM*
MARLOW HOWARD HOOPER and
MONIQUE LORI HOOPER,
Appellants,
v.
KARL T. ANDERSON, Chapter 7
Trustee; et al.,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Pappas, Markell, and Case, Bankruptcy Judges, Presiding
Submitted January 9, 2014**
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: W. FLETCHER, M. SMITH, and WATFORD, Circuit Judges.
Appellants Marlow and Monique Hooper appeal from the Bankruptcy
Appellate Panel’s decision affirming the bankruptcy court’s orders (1) overruling
their objection to Appellee GMAC Mortgage, LLC’s (GMAC) proof of claim; and
(2) granting the Chapter 7 Trustee’s motion for an order authorizing the global
compromise of the adversary proceeding between, inter alia, the Trustee and
GMAC. Because the parties are familiar with the facts and procedural history of
this case, we repeat only those facts necessary to resolve the issues raised on
appeal. We affirm.
First, the bankruptcy court did not abuse its discretion in overruling the
Hoopers’ objection and allowing GMAC’s proof of claim. The bankruptcy court
properly allowed the claim based upon GMAC’s status as holder of the promissory
note, which made the purportedly fraudulently altered deed of trust irrelevant. See
Global W. Dev. Corp. v. N. Orange Cnty. Credit Serv., Inc. (In re Global W. Dev.
Corp.),
759 F.2d 724, 727 (9th Cir. 1985) (per curiam). The Hoopers did not
produce evidence sufficient to defeat GMAC’s proof of claim. See Lundell v.
Anchor Constr. Specialists, Inc. (In re Lundell),
223 F.3d 1035, 1039 (9th Cir.
2000).
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Second, the bankruptcy court did not abuse its discretion in approving the
compromise. The bankruptcy court did not err in its assessment of the four factors
from Martin v. Kane (In re A&C Properties),
784 F.2d 1377, 1381 (9th Cir. 1986).
AFFIRMED.
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