In Re Gregory Ivory, Debtor. Multnomah Cnty. v. Gregory Ivory, 70 F.3d 73 (9th Cir. 1995). · Go Syfert
In Re Gregory Ivory, Debtor. Multnomah Cnty. v. Gregory Ivory, 70 F.3d 73 (9th Cir. 1995). Cases Citing This Book View Copy Cite
57 citation events (42 in the last 25 years) across 19 distinct courts.
Strongest positive: Farmers Bank & Trust Co. v. Wells (In re Wells) (areb, 2015-08-14)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Farmers Bank & Trust Co. v. Wells (In re Wells)
Bankr. E.D. Ark. · 2015 · confidence medium
“If an error in treatment of a claim is included in a plan, res judicata precludes a collateral challenge to the confirmation order, even if the error is jurisdictional." In re El Khabbaz, 264 B.R. at 207 (citing In re Ivory, 70 F.3d 73, 75 (9th Cir.1995)); In re Crowley, 258 B.R. 587, 591 (Bankr.D.Vt.2000)). “[A] court by necessity has the authority to determine its own jurisdiction over the parties and subject matter, and does so either tacitly or expressly, by rendering a judgment.
cited Cited as authority (rule) In Re Okosisi
Bankr. D. Nev. · 2011 · confidence medium
Brawders v. Cnty. of Ventura (In re Brawders), 503 F.3d 856 , 867 (9th Cir.2007) (citing Multnomah Cty. v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995)).
cited Cited as authority (rule) In Re Woods
Bankr. N.D. Ohio · 2009 · confidence medium
Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995).
cited Cited as authority (rule) Brawders v. County of Ventura (In Re Brawders)
9th Cir. · 2007 · confidence medium
Lomas Mortgage USA v. Wiese, 980 F.2d 1279, 1284 (9th Cir.1992) (quoted in In re Ivory (Multnomah County v. Ivory), 70 F.3d 73, 75 (9th Cir.1995)).
discussed Cited as authority (rule) Brawders v. County of Ventura
9th Cir. · 2007 · confidence medium
My point is that because of mootness, it does not matter whether it erred. 6 Lomas Mortgage USA v. Wiese, 980 F.2d 1279, 1284 (9th Cir. 1992) (quoted in In re Ivory (Multnomah County v. Ivory), 70 F.3d 73, 75 (9th Cir. 1995).
discussed Cited as authority (rule) In Re Ramey
Bankr. E.D. Ark. · 2003 · confidence medium
Adair v. Sherman, 230 F.3d 890, 894 (7th Cir.2000); In re Harvey, 213 F.3d 318, 323 (7th Cir.2000); Andersen v. UNIPAC-NEBHELP (In re Andersen), 179 F.3d 1253, 1258-59 (10th Cir.1999); United States v. Richman (In re Talbot), 124 F.3d 1201, 1209 (10th Cir.1997); First Union Commercial Corp. v. Nelson, Mullins, Riley & Scarborough (In re Varat Enters.), 81 F.3d 1310, 1315 (4th Cir.1996); Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995); In re Pence, 905 F.2d 1107, 1110 (7th Cir.1990); In re Szostek, 886 F.2d 1405, 1408 (3rd Cir.1989); Fietz v. Great Western Savs.
discussed Cited as authority (rule) Semi-Tech Litigation, LLC v. Bankers Trust Co.
S.D.N.Y. · 2003 · confidence medium
An unappealed post-confirmation order appointing a trustee should have preclusive effect, just as an unappealed order confirming a plan, see Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995) (bankruptcy court’s confirmation of plan is final order that if not appealed, cannot be attacked a few months later in same bankruptcy proceeding, even for lack of subject matter jurisdiction); Republic Supply Co. v. Shoaf, 815 F.2d 1046, 1050 (5th Cir.1987) (same).
cited Cited as authority (rule) Schellhorn v. Farmers Savings Bank (In Re Schellhorn)
Bankr. D. Iowa · 2002 · confidence medium
In re Ivory, 70 F.3d 73, 75 (9th Cir.1995); In re Crowley, 258 B.R. 587, 591 (Bankr.D.Vt.2000).
discussed Cited as authority (rule) In Re: American Preferred Prescription, Inc., Debtor. Kenneth P. Silverman, Esq., Trustee-Appellant v. Tracar, S.A.
2d Cir. · 2001 · confidence medium
An unappealed post-confirmation order appointing a trustee should have preclusive effect, just as an unappealed order confirming a plan, see Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995) (bankruptcy court’s confirmation of plan is final order that if not appealed, cannot be attacked a few months later in same bankruptcy proceeding, even for lack of subject matter jurisdiction); Republic Supply Co. v. Shoaf, 815 F.2d 1046, 1050 (5th Cir.1987) (same).
cited Cited as authority (rule) El Khabbaz v. Sallie Mae Servicing Corp. Texas Guaranteed Student Loan (In Re El Khabbaz)
Bankr. D. Iowa · 2001 · confidence medium
In re Ivory, 70 F.3d 73, 75 (9th Cir.1995); In re Crowley, 258 B.R. 587, 591 (Bankr.D.Vt.2000).
discussed Cited as authority (rule) HPSC, Inc. v. Wakefield (In Re Wakefield)
Bankr. M.D. Ga. · 1998 · confidence medium
Pursuant to this section, courts, including this one, have consistently held that “[a] creditor that had the opportunity to object that the plan did not meet the requirements for confirmation may not later assert any interest other than that provided for it by the confirmed plan.” In re Eason, 178 B.R. 908, 912 (Bankr.M.D.Ga.1994) (citing United States v. Norton, 717 F.2d 767, 774 (3d Cir.1983)); Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995); Bright v. Ritacco (In re Ritacco), 210 B.R. 595, 597 (Bankr.D.Or.1997); In re Lee, 182 B.R. 354, 358 (Bankr.S.D.Ga.1995); In…
discussed Cited as authority (rule) Circle K Stores, Inc. v. State of Montana Department of Revenue (In Re Circle K Corp.)
Bankr. D. Ariz. · 1996 · confidence medium
“Even assuming that the order confirming the plan was in error to the extent it enabled the debtor to redeem property subsequent to both the expiration of the redemption right provided by state law and the sixty day window created by 11 U.S.C. 108(b) ... res judicata precludes the County from bringing what amounts to a collateral challenge to that order.” 70 F.3d at 75 (emphasis added).
cited Cited "see" In re Richter
Bankr. C.D. Cal. · 2015 · signal: see · confidence high
See 70 F.3d at 74 .
cited Cited "see" Vicenty Ex Rel. Torres v. San Miguel Sandoval (San Miguel Sandoval)
1st Cir. BAP · 2005 · signal: see · confidence high
See Multnomah County v. Ivory (In re Ivory), 70 F.3d 73 (9th Cir.1995); In re Nikoloutsos, 199 B.R. 624, 625-27 (Bankr.E.D.Tex.1996).
discussed Cited "see" Duplessis v. Valenti (In Re Valenti) (2×)
9th Cir. BAP · 2004 · signal: see · confidence high
See Multnomah County v. Ivory (In re Ivory), 70 F.3d 73 (9th Cir.1995).
cited Cited "see" In Re Crowley
Bankr. D. Vt. · 2000 · signal: see · confidence high
See In re Ivory, 70 F.3d at 75 ; In re Woods, 130 B.R. 204 (W.D.Va.1990).
cited Cited "see" Unsecured Creditors' Committee of Robert L. Helms Construction & Development Co. v. Southmark Corp.
9th Cir. · 1998 · signal: see · confidence high
See Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995).
cited Cited "see" In Re Robert L. Helms Construction And Development Co., Inc.
9th Cir. · 1998 · signal: see · confidence high
See Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995).
cited Cited "see" Cook v. Cook
Bankr. E.D. Mich. · 1997 · signal: see · confidence high
See generally, e.g., In re Ivory, 146 B.R. 27, 28 (Bankr.D.Or.1992), aff'd, 70 F.3d 73 (9th Cir.1995).
discussed Cited "see, e.g." Scott v. Countrywide Home Loans, Inc. (In Re Scott)
Bankr. D. Idaho · 2007 · signal: see also · confidence medium
A Chapter 13 plan ‘is res judicata as to all issues that could have or should have been litigated at the confirmation hearing.’ ” Duplessis v. Valenti (In re Valenti), 310 B.R. 138, 150 (9th Cir. BAP 2004) (emphasis in original); see also Multnomah County v. Ivory (In re Ivory), 70 F.3d 73, 75 (9th Cir.1995) (“An order confirming a Chapter 13 plan is res *295 judicata as to all justiciable issues which were or could have been decided at the confirmation hearing.”) (quoting Anaheim Sav. & Loan Assoc. v. Evans (In re Evans), 30 B.R. 530, 531 (9th Cir. BAP 1983)).
Retrieving the full opinion text from the archive…
In Re Gregory IVORY, Debtor. MULTNOMAH COUNTY, Plaintiff-Appellant,
v.
Gregory IVORY, Defendant-Appellee
Sandra N. Duffy, Assistant County Counsel, Portland, Oregon, for plaintiff-appellant., Willis D. Anderson, Portland, Oregon, for defendant-appellee.
Wallace, Nelson, Brunetti.
Cited by 26 opinions  |  Published
Pinpoint authority: bottom 54%
BRUNETTI, Circuit Judge:

Gregory Ivory (“Debtor”) became delinquent in the payment of property taxes on real property located in Multnomah County, Oregon. In response, the County filed a foreclosure action, obtaining judgment on September 20, 1988. Under Oregon law, Debtor then had a two year period in which to pay his taxes and redeem his property. ORS § 312.120. While this redemption period would have normally expired on September 20, 1990, Oregon law also requires that notice of the foreclosure be sent one year prior to the expiration of the redemption period. ORS § 312.125. This notice was not sent until April 30,1990, indicating an expiration date of May 15, 1991.

On April 23, 1991, shortly before his redemption period would have expired, Debtor filed a Chapter 13 bankruptcy petition. Debtor, through his attorney, filed a proof of claim on behalf of the County listing a debt of $2,070 in past-due real property taxes. Pursuant to 11 U.S.C. § 1321, Debtor submitted a reorganization plan proposing payments of $73 per month on the tax debt including interest at 16% to cure the property tax default and redeem the real property.

On September 13, 1991, the plan proposed by Debtor was confirmed. The County did not object to or appeal from the order confirming the plan. However, when the Chapter 13 trustee began sending payments to the County pursuant to the confirmed plan, the County rejected the payments. According to the County, it rejected the payments because the redemption period for the property had expired and the conveyance of the property by deed to the County had been recorded prior to the date of confirmation. Thus, according to the County, Debtor had no interest in the real property on the date of confirmation, and the order of the bankruptcy court confirming the plan was issued without jurisdiction over the County.

Upon the County’s refusal to accept payments, Debtor filed a motion to compel the[*75] County to accept the payments as provided in the plan. The bankruptcy court granted the motion, the district court affirmed, and the County appeals. We have jurisdiction pursuant to 28 U.S.C. § 158(d), and now affirm.

“Because we are in as good a position as the district court to review the findings of the bankruptcy judge, we review the district court’s decision de novo. Accordingly, we apply the clearly erroneous standard to the bankruptcy court’s findings of fact. Conclusions of law are subject to de novo review.” In re Jee, 799 F.2d 532, 534 (9th Cir.1986), cert. denied sub. nom., 481 U.S. 1015, 107 S.Ct. 1892, 95 L.Ed.2d 499 (1987) (citations and internal quotations omitted); see also In re Camino Real Landscape Maintenance Contractors, 818 F.2d 1503, 1505 (9th Cir.1987).

The County argues that because it was no longer a creditor of the bankrupt at the time the plan was confirmed, the bankruptcy court was without jurisdiction to include the County in the plan. Even assuming that the order confirming the plan was in error to the extent it enabled the debtor to redeem the property subsequent to both the expiration of the redemption right provided by state law and the sixty day window created by 11 U.S.C. § 108(b), see Multnomah County v. Rudolph, 166 B.R. 440, 443-444 (D.Or.1994), res judicata precludes the County from bringing what amounts to a collateral challenge to that order. See Lomas Mortgage USA v. Wiese, 980 F.2d 1279, 1284 (9th Cir.1992), vacated on other grounds, — U.S. -, 113 S.Ct. 2925, 124 L.Ed.2d 676 (1993) (“An order confirming a Chapter 13 plan is res judicata as to all justiciable issues which were or could have been decided at the confirmation hearing.”) (quoting Anaheim Savings & Loan Association v. Evans (In re Evans), 30 B.R. 530, 531 (9th Cir.1983)); see also Fietz v. Great Western Savings (In re Fietz), 852 F.2d 455, 458 (9th Cir.1988) (“Once a Chapter 13 plan is confirmed, all of the property of the estate vests in the debtor and creditors are precluded from asserting any other interest than that provided for them in the confirmed plan.”). This is so even if the bankruptcy court’s error was jurisdictional. Insurance Corp. of Ireland v. Compagnie des Bauxites de Guiñee, 456 U.S. 694, 702 n. 9, 102 S.Ct. 2099, 2104, 72 L.Ed.2d 492 (1982) (“It has long been the rule that principles of res judicata apply to jurisdictional determinations — both subject matter and personal.”) (citing Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 60 S.Ct. 317, 84 L.Ed. 329 (1940)); see generally Lester Mobile Home Sales, Inc. v. Woods (In re Woods), 130 B.R. 204 (W.D.Va.1990) (holding that Chapter 13 confirmation order was res judicata even as to jurisdictional issues).

AFFIRMED.