LISA MELLEM V. CARL MELLEM, No. 21-60020 (9th Cir. 2021)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 26 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: LISA GAY MELLEM, Debtor, No. 21-60020 BAP No. 20-1174 -----------------------------MEMORANDUM* LISA GAY MELLEM, Appellant, v. CARL J. MELLEM, Successor Trustee of the Dorothy B. Mellem Revocable Trust, Appellee Appeal from the Ninth Circuit Bankruptcy Appellate Panel Klein, Taylor, and Gan, Bankruptcy Judges, Presiding Argued and Submitted November 18, 2021 San Francisco, California Before: SCHROEDER, W. FLETCHER, and MILLER, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The appellant, Lisa Mellem, appeals the judgment of the Bankruptcy Appellate Panel in appellant’s ongoing efforts to obtain $75,000 from the estate of her mother. The BAP ruled that, even if Lisa treated the funds as a loan that was discharged in appellant’s bankruptcy proceeding, her mother was nevertheless free to treat the $75,000 as an advance on the appellant’s inheritance. In re Mellem, 625 B.R. 172 (B.A.P. 9th Cir. 2021). The state probate court held that the mother intended such an advance. The bankruptcy court could not overrule that state court decision. Neither can we. The Bankruptcy Code prohibits an act to collect a debt that has been discharged as a personal liability of the debtor. See 11 U.S.C. § 524(a)(2). An advance on an inheritance does not constitute such a personal liability. The BAP, therefore, correctly recognized that an advance is not a loan that can be discharged in bankruptcy proceedings. The motion to proceed in forma pauperis is denied as moot because Lisa Mellem paid the filing fee. AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
