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