Ball v. Payco-Gen. Am. Credits, Inc. (In Re Ball), 185 B.R. 595 (9th Cir. BAP 1995). · Go Syfert
Ball v. Payco-Gen. Am. Credits, Inc. (In Re Ball), 185 B.R. 595 (9th Cir. BAP 1995). Cases Citing This Book View Copy Cite
53 citation events (42 in the last 25 years) across 7 distinct courts.
Strongest positive: In re: Tbh19, LLC. (bap9, 2025-05-07)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In re: Tbh19, LLC.
9th Cir. BAP · 2025 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
discussed Cited as authority (verbatim quote) Institute of Imaginal Studies v. Christoff (In Re Christoff)
9th Cir. BAP · 2015 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings
discussed Cited as authority (verbatim quote) Mano-Y & M, Ltd. v. Field (In Re Mortgage Store, Inc.)
9th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
examined Cited as authority (verbatim quote) America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard) (2×) also: Cited as authority (quoted)
9th Cir. · 2014 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
e will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings
discussed Cited as authority (verbatim quote) Rivera v. Orange County Probation Department (In Re Rivera)
9th Cir. BAP · 2014 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
discussed Cited as authority (verbatim quote) In re: Maria G. Rivera
9th Cir. BAP · 2014 · quote attribution · 1 verbatim quote · confidence high
we will not 14 overrule our prior rulings unless a ninth circuit court of appeals 15 decision, supreme court decision or subsequent legislation has 16 undermined those rulings.
examined Cited as authority (verbatim quote) America's Servicing Co. v. Schwartz-Tallard (In Re Schwartz-Tallard) (2×) also: Cited as authority (quoted)
9th Cir. · 2014 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
e will not overrule our prior rulings unless a ninth cir cuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings
discussed Cited as authority (verbatim quote) Klein v. Chappell (In Re Chappell)
9th Cir. BAP · 2007 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
examined Cited as authority (verbatim quote) Aheong v. Mellon Mortgage Co. (In Re Aheong) (2×)
9th Cir. BAP · 2002 · quote attribution · 2 verbatim quotes · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
discussed Cited as authority (verbatim quote) In Re Hatley
10th Cir. BAP · 1998 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
discussed Cited as authority (verbatim quote) Smolen v. Hatley (In re Hatley)
10th Cir. BAP · 1998 · quote attribution · 1 verbatim quote · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
examined Cited as authority (verbatim quote) Blagg v. Miller (In Re Blagg) (2×)
10th Cir. BAP · 1998 · quote attribution · 2 verbatim quotes · confidence high
we will not overrule our prior rulings unless a ninth circuit court of appeals decision, supreme court decision or subsequent legislation has undermined those rulings.
cited Cited as authority (rule) In re: Cynthia Elizabeth Blackwell
9th Cir. BAP · 2025 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995).
cited Cited as authority (rule) In re: Daniela M Farina
9th Cir. BAP · 2023 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995)).
cited Cited as authority (rule) In re Crandall
Bankr. D. Alaska · 2016 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP1995).
discussed Cited as authority (rule) Mano-Y&m, Ltd. v. Dane Field
9th Cir. · 2014 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995) (“We will not overrule our prior rulings unless a Ninth Circuit Court of Appeals decision, Supreme Court decision or subsequent legislation has undermined those rulings.).
discussed Cited as authority (rule) In re: Steven Harry Lucore, Sr. and Judy Lynne Lucore
9th Cir. BAP · 2013 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 28 1995). -9- 1 (the bank moving for relief from stay established standing as 2 the title holder of the subject property under a recorded 3 Trustee’s Deed upon Sale)). 4 Here, the sale was held on August 18, 2011, seven days 5 before debtors’ petition (filed on August 25, 2011) and the 6 Trustee’s Deed was recorded on September 2, 2011, within the 7 fifteen-day period as required under Cal. Civil Code § 2924h(c). 8 Therefore, under our holding in Bebensee–Wong, perfection 9 relates back before debtors’ filing, even though B…
discussed Cited as authority (rule) In re: Santiago Omar Hernandez and Michelle Patrice Hernandez
9th Cir. BAP · 2013 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. 12 BAP 1995): 13 [W]e have recognized that the BAP was created in part to provide a uniform and consistent body of bankruptcy 14 law throughout the Ninth Circuit.
cited Cited as authority (rule) In re: Michael Trent Showalter
9th Cir. BAP · 2013 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. 24 BAP 1995).
discussed Cited as authority (rule) In re: Robbyn Dale Mattson and Renee Diane Mattson
9th Cir. BAP · 2012 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995) (holding that the Panel is bound by 28 decisions of prior Panels). -13- 1 change test as a prerequisite to plan modification, we have 2 held, as did the Seventh Circuit in In re Witkowski, that the 3 bankruptcy court may consider a change in circumstances in the 4 exercise of its discretion.
discussed Cited as authority (rule) In Re Mattson
9th Cir. BAP · 2012 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995) (holding that the Panel is bound by decisions of prior Panels). [7] As the bankruptcy court in In re Klus, 173 B.R. 51, 58 (Bankr.D.Conn.1994) noted: There may be little practical difference between those two positions.
discussed Cited as authority (rule) People's Capital & Leasing Corp. v. Big3D, Inc. (In Re Big3D, Inc.) (2×)
9th Cir. BAP · 2010 · confidence medium
Credits (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995).
examined Cited as authority (rule) In Re Brooks-Hamilton (4×)
9th Cir. BAP · 2009 · confidence medium
Credits (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995), we must apply the criteria set forth in Crayton. [14] Based on our review of the record, we agree with Smyth that the bankruptcy court erred in not explicitly considering the relevant factors to determine the appropriate sanction.
cited Cited as authority (rule) Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)
9th Cir. BAP · 2006 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995).
discussed Cited as authority (rule) Concannon v. Imperial Capital Bank (In Re Concannon)
9th Cir. BAP · 2006 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995) (stating that “[w]e will not overrule our prior rulings unless a Ninth Circuit Court of Appeals decision, Supreme Court decision or subsequent legislation has undermined those rulings”).
discussed Cited as authority (rule) Campbell v. Verizon Wireless S-CA (In Re Campbell)
9th Cir. BAP · 2005 · confidence medium
Heath, 331 B.R. 424 . ‘We will not overrule our prior rulings unless a Ninth Circuit Court of Appeals decision, Supreme Court decision or subsequent legislation has undermined those rulings.” In re Ball, 185 B.R. 595, 597 (9th Cir. BAP 1995).
discussed Cited as authority (rule) Salomon North America v. Knupfer (In Re Wind N' Wave)
9th Cir. BAP · 2005 · confidence medium
Sedona Institute as Precedent Regardless of whether, as a formal jurisprudential rule, the bankruptcy court is bound by BAP precedent, 2 we regard ourselves as bound by our prior decisions, and “will not overrule our prior rulings unless a Ninth Circuit Court of Appeals decision, Supreme Court decision or subsequent legislation has undermined those rulings.” In re Ball, 185 B.R. 595, 597 (9th Cir. BAP 1995); In re Aheong, 276 B.R. 233, 249 (9th Cir. BAP 2002) (stare decisis); In re Cady, 266 B.R. 172, 180-81, n. 8 (9th Cir. BAP 2001), aff'd, 315 F.3d 1121 (9th Cir.2003)(same).
cited Cited as authority (rule) Chase v. Kosmala (In re Loyd)
9th Cir. BAP · 2003 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 596-98 (9th Cir. BAP 1995). .
discussed Cited as authority (rule) Ellett v. Goldberg (In Re Ellett)
Bankr. E.D. Cal. · 2003 · confidence medium
The Bankruptcy Appellate Panel has held that “we will not overrule our prior rulings unless a Ninth Circuit Court of Appeals decision, Supreme Court’s decision or subsequent legislation has undermined those rulings.” Ball v. Payco-General American Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995).
discussed Cited as authority (rule) In Re Daniel Byron Cady, Debtor, Jeffrey Palm Danielle Lynn Scapparo v. Daniel Byron Cady William A. Klapperman Alfred Siegel (2×)
9th Cir. · 2003 · confidence medium
Ball v. Payco-General American Credits (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995); State v. Rowley (In re Rowley), 208 B.R. 942, 944 (9th Cir. BAP 1997).
cited Cited as authority (rule) Palm v. Klapperman (In Re Cady)
9th Cir. BAP · 2001 · confidence medium
Ball v. Payco-General American Credits (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995); State v. Rowley (In re Rowley), 208 B.R. 942, 944 (9th Cir. BAP 1997). 9 .
discussed Cited as authority (rule) Greenwood Trust Co. v. Michael E. Hurley
8th Cir. · 1997 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (B.A.P. 9th Cir. 1995) (holding that the Ninth Circuit Bankruptcy Appellate Panel is bound by prior rulings of the panel unless a decision of the Ninth Circuit Court of Appeals, the Supreme Court or action by the state legislature has undermined those decisions).
discussed Cited as authority (rule) Greenwood Trust Co. v. Hurley (In re Hurley)
8th Cir. BAP · 1997 · confidence medium
Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995) (holding that the Ninth Circuit Bankruptcy Appellate Panel is bound by prior rulings of the panel unless a decision of the Ninth Circuit Court of Appeals, the Supreme Court or action by the state legislature has undermined those decisions).
cited Cited as authority (rule) Max Recovery, Inc. v. Nguyen Hong Than (In Re Nguyen Hong Than)
9th Cir. BAP · 1997 · confidence medium
In re Ball, 185 B.R. 595, 597 (9th Cir. BAP 1995) (holding that the Panel is bound by decisions of prior Panels). 10 .
discussed Cited as authority (rule) California, Franchise Tax Board v. Rowley (In Re Rowley) (2×)
9th Cir. BAP · 1997 · confidence medium
In re Ball, 185 B.R. 595, 597 (9th Cir. BAP 1995); In re Sierra Pacific Broadcasters, 185 B.R. 575 , 578 n. 7 (9th Cir. BAP 1995).
discussed Cited "see" In re: Tarra Nichole Christoff
9th Cir. BAP · 2015 · signal: see · confidence high
See Ball v. Payco-General Am. 23 Credits, Inc. (In re Ball), 185 B.R. 595, 597 (9th Cir. BAP 1995) 24 (“We will not overrule our prior rulings unless a Ninth Circuit 25 Court of Appeals decision, Supreme Court decision or subsequent 26 legislation has undermined those rulings.”).
Retrieving the full opinion text from the archive…
In Re David BALL; Willie Mae Ball, Debtors. David BALL; Willie Mae Ball, Appellants,
v.
PAYCO-GENERAL AMERICAN CREDITS, INC.; Wells Fargo Bank, Appellees
BAP No. NC-94-1778-ROMe. Bankruptcy No. 91-47169.
United States Bankruptcy Appellate Panel for the Ninth Circuit.
Jul 28, 1995.
185 B.R. 595
Melanie M. Darling, Oakland, CA, for appellants., No appearance made by appellees.
Russell, Ollason, Meyers.
Cited by 46 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: Ninth Circuit (2)

OPINION

PER CURIAM:

The debtors in this case moved to avoid two judicial liens pursuant to § 522(f)(1) [1] as impairing their homestead exemption. The bankruptcy court held that the exemption was not impaired and therefore denied the motion. We AFFIRM.

I. FACTS

The facts are not in dispute. On November 8, 1991, the debtors/appellants, David and Willie Mae Ball (“Balls”) filed a joint chapter 7 petition. On the petition date, the Balls’ residence in Oakland, California, had a fair market value of $130,000. The property was encumbered by a first trust deed in favor of San Francisco Federal Bank in the amount of $60,000. It also was encumbered by a judicial lien recorded by Wells Fargo Bank N.A. (‘Wells”) in the amount of $8,283.74 and a $4,920.19 judicial lien recorded by Payeo-General American Credits, Inc. (“Payeo”).

On April, 13, 1994, the Balls filed a motion pursuant to § 522(f) to avoid two judicial liens asserted against the Balls’ residence located in Oakland, California. The Balls claimed an automatic homestead exemption under California law in the amount of $75,-000.

Although no responses to the motion were filed, the bankruptcy court disapproved the Balls’ order avoiding the judicial liens, concluding that their homestead exemption was not impaired. The Balls appeal.

II.STANDARD OF REVIEW

“The determination of a homestead exemption based on undisputed facts is a legal conclusion interpreting statutory construction which is reviewed de novo.” In re May er, 167 B.R. 186, 188 (9th Cir. BAP 1994). See also In re Chabot, 992 F.2d 891, 893 (9th Cir.1993); In re Jones, 180 B.R. 575, 577 (9th Cir. BAP 1995).

III.DISCUSSION

On June 19, 1995, the Bankruptcy Appellate Panel issued an opinion, In re Amiri, 184 B.R. 60 (9th Cir. BAP 1995), involving the identical issues presented in this appeal. Like the case at hand, Amiri involved the automatic homestead created by[*597] California statute. In Amiri, the Panel held that a judicial lien on the debtors’ residence was not avoidable under § 522(f). The Panel reasoned that regardless of whether there was little or no equity in a debtor’s residence, a judicial lien could not impair the debtor’s homestead under California law. At oral argument of this case, counsel for the Balls conceded that Amiri is not distinguishable from the instant case.

Generally, the doctrine of stare decisis provides that “when the court has once laid down a principle of law as applicable to a given state of facts, it will adhere to that principle and apply it in future cases where the facts are substantially the same.” Russell Moore, Stare Decisis 4 (1958). The stare decisis principle has long been “a cornerstone of the common law,” Jeffrey Brookner, Bankruptcy Courts and Stare Decisis: The Need for Restructuring, 27 U.Mich.J.L.Ref. 313, 313 (1993), and continues to thrive.

Numerous opinions of the Ninth Circuit Court of Appeals hold that a panel from that court is bound by decisions of prior panels of the court unless an en banc decision, Supreme Court decision or subsequent legislation undermines those decisions. See, e.g., In re Visness, 57 F.3d 775 (9th Cir.1995); U.S. v. State of Wash., 872 F.2d 874, 880 (9th Cir.1989); State of Montana v. Johnson, 738 F.2d 1074, 1077 (9th Cir.1984); United States v. Depaoli, 139 F.2d 225, 226 (9th Cir.1943) (prior decision which was “indistinguishable on principle” constituted “binding precedent”); In re Motor Products Mfg. Corporation, 85 F.2d 318, 320-21 (9th Cir.1936) (finding no change in California law and no new California decisions on the issue, “[w]e are therefore constrained to follow our own previous holding”). The Court of Appeals has said that to the extent the prior decision rested on state law, a change in that state’s statutory and common law also would permit the panel to reconsider the issues. Visness, 57 F.3d at 778, supra.

Although the Bankruptcy Appellate Panel has not recently specifically declared that we are bound by our prior decisions, the stare decisis principle has been regularly observed in our adherence to prior BAP decisions. See In re Windmill Farms, Inc., 70 B.R. 618, 622 (9th Cir. BAP 1987), rev’d on other grounds, 841 F.2d 1467 (9th Cir.1988) (stating any decision not concluding that BAP decisions are binding throughout the entire circuit are in error). Moreover, we have recognized that the BAP was created in part to provide a uniform and consistent body of bankruptcy law throughout the Ninth Circuit. In re Proudfoot, III, 144 B.R. 876, 878 (9th Cir. BAP 1992). Plainly, compliance with precedent encourages uniformity of result. Brookner, supra, 318-19.

Although the Courts of Appeals may reassess eases en banc pursuant to 28 U.S.C. § 46(c) and Fed.RApp.P. 35, the Bankruptcy Appellate Panel has no procedure for en banc review. Nevertheless, our decisions have a much greater opportunity for review than those of the Court of Appeals. BAP decisions are reviewed as a matter of course by the Ninth Circuit as long as the appellant complies with the procedures for bringing an appeal, while review of Court of Appeals decisions depends upon the slim possibility of a majority of the Circuit voting to hear the case en banc or upon the Supreme Court granting a writ of certiorari. The Ninth Circuit Court of Appeals’ strict conformance to stare decisis principles should be followed by the BAP.

As stated by the Supreme Court:

Very weighty considerations underlie the principle that courts should not lightly overrule past decisions. Among these are the desirability that the law furnish a clear guide for the conduct of individuals, to enable them to plan their affairs with assurance against untoward surprise; the importance of furthering fair and expeditious adjudications by eliminating the need to relitigate every relevant proposition in every case; and the necessity of maintaining public faith in the judiciary as a source of impersonal and reasoned judgments.”

Moragne v. States Marine Lines, 398 U.S. 375, 403, 90 S.Ct. 1772, 1789, 26 L.Ed.2d 339 (1970). We will not overrule our prior rulings unless a Ninth Circuit Court of Appeals decision, Supreme Court decision or subsequent legislation has undermined those rulings. We follow the Amiri decision an-[*598] nouneed last month and AFFIRM the holding that the Balls may not avoid the judicial liens on their residence. [2]

1

. Unless otherwise indicated, all Chapter, Section and Rule references are to the Bankruptcy Code, 11 U.S.C. §§ 101-1330 and to the Federal Rules of Bankruptcy Procedure, Rules 1001-9036.

2

. No inferences should be drawn that absent Amiri, the Panel would or would not have decided this issue differently.