IN RE: Stanley Herbert BRODY (2018)

United States Court of Appeals, Ninth Circuit.

IN RE: Stanley Herbert BRODY, Debtor, Lynn H. Chou, Appellant, v. Stanley Herbert Brody, Appellee.

No. 17-60038

Decided: November 20, 2018

Before: THOMAS, Chief Judge, M. SMITH, Circuit Judge, and BUCKLO,*** District Judge.

Mark T. Young, Attorney, Donahoe & Young LLP, Valencia, CA, for Appellant Michele M. Poteracke, Law Offices of Michele M. Poteracke, Santa Rosa, CA, for Appellee

MEMORANDUM ****

Creditor Lynn H. Chou (“appellant”) appeals the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the denial of her adversarial claims that certain debts owed to her by Stanley H. Brody (“appellee”) were nondischargeable under 11 U.S.C. §§ 523(a)(2)(A) and (a)(6). We afford great deference to the bankruptcy court’s assessment of appellee’s trial testimony, Retz v. Samson (In re Retz), 606 F.3d 1189, 1196 (9th Cir. 2010) (citation omitted), and conclude that its determination that appellee acted in good faith is not clearly erroneous. On the record before it, the bankruptcy court correctly held that appellant had not established either fraud or a willful and malicious intent to injure her.

AFFIRMED.

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