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In re Watson

In Re: Thomas Neil Watson, A/K/A Watson Physical Therapy, Watson Physical Therapy for Pain, Debtor. Thomas Neil Watson, A/K/A Watson Physical Therapy, Watson Physical Therapy for Pain v. K.E. Shandell, M.D. Southern California Multi-Speciality Medical Group, Inc.

In re Watson, 116 F.3d 488 (9th Cir. 1997)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
June 16, 1997
Docket
No. 96-55346
Citations
116 F.3d 4881997 WL 3308951997 U.S. App. LEXIS 20462
Status
Unpublished

Opinion

116 F.3d 488

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re: Thomas Neil WATSON, a/k/a Watson Physical Therapy, Watson Physical Therapy for Pain, Debtor. Thomas Neil WATSON, a/k/a Watson Physical Therapy, Watson Physical Therapy for Pain, Appellant, v. K.E. SHANDELL, M.D.; Southern California Multi-Speciality Medical Group, Inc., Appellees.

No. 96-55346.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 6, 1997. Decided June 16, 1997.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel, No. SC-94-02454- OcA; Ollason, Carlson, and Ashland, Judges, Presiding.

Before: BROWNING, FLETCHER, and KOZINSKI, Circuit Judges.

1

MEMORANDUM * 2

The Bankruptcy Appellate Panel correctly concluded that Shandell's suit for breach of the parties' settlement agreement was not barred by 11 U.S.C. § 524 (c). That section only limits the enforcement of agreements, "the consideration for which, in whole or in part, is based on a debt that is dischargeable." Id. Shandell's right to prosecute this claim was not dischargeable because the suit targeted accounts receivable in which Shandell had a security interest. The suit was in rem, not in personam. See Dewsnup v. Timm, 502 U.S. 410, 418 (1992).

3

AFFIRMED.

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1999: 22000: 12009: 119992026peak 1999 · 2

Relies on it most ⓘ

  1. Menk v. Lapaglia (In re Menk)99 Daily Journal DAR 12027 (9th Cir. BAP 1999)
  2. Cherry v. Arendall (In re Cherry)247 B.R. 176 (Bankr. E.D. Va. 2000)
  3. Weeks v. Isabella Bank Corp. (In re Weeks)400 B.R. 117 (Bankr. W.D. Mich. 2009)
  4. Antonino v. Kenny (In re Antonino)241 B.R. 883 (Bankr. N.D. Ill. 1999)

Most recent

  1. Weeks v. Isabella Bank Corp. (In re Weeks)400 B.R. 117 (Bankr. W.D. Mich. 2009)
  2. Cherry v. Arendall (In re Cherry)247 B.R. 176 (Bankr. E.D. Va. 2000)
  3. Antonino v. Kenny (In re Antonino)241 B.R. 883 (Bankr. N.D. Ill. 1999)
  4. Menk v. Lapaglia (In re Menk)99 Daily Journal DAR 12027 (9th Cir. BAP 1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Dewsnup v. Timm, 502 U.S. 410 (1992) 1,270

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