In re: Tamio Lucien Stehrenberger AND Anna Christine Stehrenberger
23-1207
9th Cir. BAPNov 25, 2024Background
- Michiko Stehrenberger loaned money to her brother Tamio and his wife Anna to invest, later formalizing the investment through promissory notes with Star Mountain Enterprises, LLC, which Tamio and Anna managed.
- Following an unsuccessful investment and a soured business relationship, Michiko sued Tamio and Anna in state court for securities fraud and related claims, but the proceedings were interrupted by Tamio and Anna's Chapter 7 bankruptcy filing.
- Michiko initiated adversary proceedings in bankruptcy court, seeking to have certain debts declared nondischargeable under 11 U.S.C. § 523(a)(2), (4), (6), and (19), including claims based on misrepresentation and securities law violations.
- The bankruptcy court dismissed all of Michiko's claims, holding she failed to meet her burden of proof for nondischargeability, and ruled it could not independently determine securities violations under § 523(a)(19), citing precedent that only a non-bankruptcy forum could do so.
- On appeal, Michiko challenged both substantive rulings and procedural decisions—including the bankruptcy court's denial of her request to file documents electronically.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 523(a)(19) requires a non-bankruptcy forum judgment for securities violations | Bankruptcy court can decide securities law liability | Only non-bankruptcy courts can make this determination | Bankruptcy court can determine liability under § 523(a)(19); remanded for new proceedings |
| Whether heightened state law duty for securities applies to bankruptcy nondischargeability claims | Utah law imposes higher securities disclosure duties | Federal law controls nondischargeability standards | Federal law applies; no heightened state law standard required |
| Whether factual findings under § 523(a)(2)(B) (fraud re: EAG loan) were clearly erroneous | Bankruptcy court ignored evidence of Tamio’s misrepresentation | EAG relied on collateral, not the misrepresentation | Findings not clearly erroneous; court’s credibility judgments upheld |
| Whether denying electronic filing access was an abuse of discretion | Pro se litigant should have equal access | Discretionary court management decision | No abuse of discretion; no prejudice to Michiko |
Key Cases Cited
- Grogan v. Garner, 498 U.S. 279 (standard for burden of proof in nondischargeability actions)
- Anderson v. City of Bessemer City, 470 U.S. 564 (deference to trial court fact-finding)
- Robinson v. Shell Oil Co., 519 U.S. 337 (statutory interpretation begins and ends with unambiguous text)
- Saldivar v. Sessions, 877 F.3d 812 (plain meaning of the word "any" in statutory interpretation applied expansively)
