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Zaharescu v. Ameriquest Mortg. Co. (In re Zaharescu)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 30, 2015
601 F. App'x 536 (9th Cir. 2015)

Opinion

No. 13-56339

04-30-2015

In re: ADINA ZAHARESCU, Debtor, ADINA ZAHARESCU, Appellant, v. AMERIQUEST MORTGAGE COMPANY; AMERIQUEST MORTGAGE SECURITIES, INC., Appellees.


NOT FOR PUBLICATION

D.C. No. 2:12-cv-09773-CAS MEMORANDUM Appeal rrom the United States District Court for the Central District of California
Christina A. Snyder, District Judge, Presiding
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Adina Zaharescu appeals pro se from the district court's decision affirming the bankruptcy court's dismissal of her adversary proceeding alleging violations of state and federal law in connection with foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 158(d). We review independently the bankruptcy court's decision without deference to the district court's determinations. Leichty v. Neary (In re Strand), 375 F.3d 854, 857 (9th Cir. 2004). We may affirm the bankruptcy court's decision on any ground supported by the record. Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir. 1994). We affirm.

Zaharescu's claims against appellees were properly dismissed because those claims were raised and decided on the merits, or could have been raised, in her prior district court action against the same defendants or their privies. See United States v. Liquidators of European Fed. Credit Bank, 630 F.3d 1139, 1150 (9th Cir. 2011) (setting forth elements of res judicata requirements and factors for establishing identity of claims); Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency, 322 F.3d 1064, 1081 (9th Cir. 2003) ("[A] dismissal on statute of limitations grounds is a judgment on the merits.").

We reject Zaharescu's contentions concerning the impact of her objection to proofs of claim filed in another bankruptcy proceeding.

AFFIRMED.


Summaries of

Zaharescu v. Ameriquest Mortg. Co. (In re Zaharescu)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 30, 2015
601 F. App'x 536 (9th Cir. 2015)
Case details for

Zaharescu v. Ameriquest Mortg. Co. (In re Zaharescu)

Case Details

Full title:In re: ADINA ZAHARESCU, Debtor, ADINA ZAHARESCU, Appellant, v. AMERIQUEST…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 30, 2015

Citations

601 F. App'x 536 (9th Cir. 2015)