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In re Stein — 9th Cir. BAP (Oct 15, 2026)

No. 25-1204 Argued October 15, 2026 Published October 16, 2026

The Ninth Circuit Bankruptcy Appellate Panel hears Jonathan Stein's dispute with the Gabrielino-Tongva Tribe. Stein had worked with the Tribe on a proposed casino project. After their relationship broke down, the Tribe obtained a state-court judgment against him for fraud and other wrongdoing. Stein later filed for Chapter Seven bankruptcy, where the Tribe sought to prevent that debt from being discharged. The bankruptcy court ruled that the judgment debt could not be eliminated through his discharge. Here, Stein will challenge the Tribe's legal capacity to pursue the bankruptcy action, pointing to tax-related documents and arguing that earlier rulings do not settle its later status. The Tribe will contend that the state court already resolved those objections. Issue preclusion, also called collateral estoppel, can prevent relitigating an issue actually and necessarily decided in an earlier final judgment, when the other requirements are met. An interlocutory order is an interim ruling, rather than a final judgment. Capacity means an entity's legal ability to sue or be sued. Civil Rule seventeen B three includes an exception allowing an unincorporated association without state-law capacity to sue in its common name to enforce a substantive federal right. Whether that exception applies is part of this dispute. Recording note: The official file cuts off during post-submission courtroom administration; the argument, formal submission and counsel's thanks are complete.

In re Stein (No. 25-1204) — U.S. Bankruptcy Appellate Panel for the Ninth Circuit, argued October 15, 2026.

Sources
Argument audio — official Ninth Circuit BAP recording:https://cdn.ca9.uscourts.gov/datastore/media/2026/10/15/25-1204.mp3
Casino-contract dispute and state-court findings — 2023 California appellate opinion; earlier litigation, not this appeal's outcome:https://turtletalk.blog/wp-content/uploads/2023/07/unpublished-opinion-1.pdf
Independent contemporaneous casino-project reporting — Los Angeles Times, November 26, 2006:https://www.latimes.com/archives/la-xpm-2006-nov-26-me-gabrielino26-story.html
Earlier judgment and collection litigation — 2021 federal remand order, Document 24:https://law.justia.com/cases/federal/district-courts/california/cacdce/2:2021cv05871/826325/24/
Bankruptcy and dischargeability complaint — October 2023 official case calendar, pp. 31–33:https://ecf-ciao.cacb.uscourts.gov/kioskPDF/RC_102523.pdf
Capacity and preclusion in related adversary 23-01066 — January 2025 official reasons, pp. 91–96:https://ecf-ciao.cacb.uscourts.gov/kioskPDF/RC_012825.pdf
Court account of prior nondischargeability judgment 201 in adversary 23-01023 — May 2025 calendar, p. 31:https://ecf-ciao.cacb.uscourts.gov/kioskPDF/RC_050725.pdf
Capacity of unincorporated associations — Civil Rule 17(b)(3):https://www.law.cornell.edu/rules/frcp/rule_17
Exceptions to discharge — 11 U.S.C. §523(a):https://www.law.cornell.edu/uscode/text/11/523
Issue preclusion — Parklane Hosiery, 439 U.S. 322, 326 and note 5:https://tile.loc.gov/storage-services/service/ll/usrep/usrep439/usrep439322/usrep439322.pdf
Final and nonfinal orders — Civil Rule 54(b):https://www.law.cornell.edu/rules/frcp/rule_54
Interlocutory — Cornell legal glossary:https://www.law.cornell.edu/wex/interlocutory

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