IN RE FRASCHILLA

BAP No. CC-98-1034-KJB. Bankruptcy No. LA 91-94016-SB. Adversary No. LA 92-01197-SB.

235 B.R. 449 (1999)

In re Jerry J. FRASCHILLA, Debtor. American Express Travel Related Services Company, Inc., Appellant, v. Jerry J. Fraschilla, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 16, 1999.


Attorney(s) appearing for the Case

Dennis Winters, Winters Law Firm, Santa Ana, CA, for American Express Travel Related Services.

Before KLEIN, BRANDT and JONES, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from a judgment in favor of a defaulted defendant in a credit card nondischargeability action. The primary question relates to the effect of an intervening change in controlling authority on the application of the doctrine of the law of the case following a remand from the Bankruptcy Appellate Panel ("BAP").

The judgment was entered at the end of a trial that the court, on remand following...

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