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IN RE LOPEZ

BAP Nos. CC-06-1048 JKPa, CC-06-1049 JKPa. Bankruptcy No. SV 04-15351-KT. Adversary No. SV 04-01464-KT.

367 B.R. 99 (2007)

In re Everett LOPEZ, Debtor. Everett Lopez, Appellant, v. Emergency Service Restoration, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 27, 2007.

Attorney(s) appearing for the Case

Geraldine A. Valdez, San Diego, CA, for Appellee.

Rocky W. Dorcy, Van Nuys, CA, for Appellant.

Before: JAROSLOVSKY, KLEIN and PAPPAS, Bankruptcy Judges.

OPINION

JAROSLOVSKY, Bankruptcy Judge.

On summary judgment, the bankruptcy court conflated the so-called Rooker-Feldman doctrine with rules of claim and issue preclusion and thought it lacked authority to make an independent determination of whether a debt based on a state court judgment was excepted from discharge under 11 U.S.C. § 523(a)(6). We hold Rooker-Feldman is irrelevant to preclusion analysis, which entails a two-step...

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