In Re: Vickie Lynn Marshall, et al v.

Filing 71

MINUTE ORDER IN CHAMBERS by Judge David O. Carter: Remanding case to the U. S. Bankruptcy Court pursuant to Ninth Circuit Mandate, USCA Mandate 70 . Case number: LA96-12510SB, Adversary number: LA96-1838SB (twdb). Case Terminated. MD JS-6. Modified on 3/4/2014 (twdb).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SA CV 02-0342-DOC

Date: March 3, 2014

Title: IN RE MARSHALL

PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Julie Barrera
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR
PLAINTIFF:
None Present

ATTORNEYS PRESENT FOR
DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING TO THE
BANKRUPTCY COURT PURSUANT TO
NINTH CIRCUIT MANDATE
Before the Court is the Mandate of the Ninth Circuit in this matter. The
memorandum disposition of the Ninth Circuit was issued on December 3, 2004. The
Mandate did not issue, however, until October 15, 2013. See Mandate (Dkt. 70).
This Court had upheld the Bankruptcy Court’s determination that a fees and costs
award entered by the Texas Probate Court was not recoverable because it occurred postdischarge. See Order (Dkt. 57). The Ninth Circuit reversed that order because “the
conduct giving rise to the attorney fee award occurred post-discharge and therefore does
not violate Vickie Lynn Marshall’s discharge injunction.” Mandate at 2. The Circuit
remanded “with instructions for the district court to reverse the decision of the
bankruptcy court and for it to remand this case to the bankruptcy court for proceedings
consistent with this disposition.” See Mandate at 2.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 02-0342-DOC

Date: March 3, 2014
Page 2

Pursuant to this direction, this Court hereby REVERSES the order of the
Bankruptcy Court and REMANDS this case to the Bankruptcy Court for further
proceedings.
The Clerk shall serve a copy of this minute order on counsel for all parties in this
action.

MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk: jcb