Maida Dzakula v. John McHugh
|Plaintiff - Appellant,:
|Defendant - Appellee,:
||JOHN M. MCHUGH, Secretary of the Army
||June 3, 2011
||U.S. Court of Appeals, Ninth Circuit
|Nature of Suit:
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|January 15, 2014
Filed order and amended opinion (MICHAEL DALY HAWKINS, SUSAN P. GRABER and MORGAN B. CHRISTEN). Amending Disposition Opinion AFFIRMED. The opinion filed on December 11, 2013, and published at 737 F.3d 633, is amended by the opinion filed concurrently with this order, as follows: At slip opinion page 3, 737 F.3d at 634, in the first paragraph, insert the following after potential asset. : After Plaintiff added this action to the schedules, the bankruptcy court discharged her debts and closed the case.1 ___________________________ 1 Plaintiff argued before the district court that, by operation of 11 U.S.C. 554(c), this claim was abandoned to her when the bankruptcy court closed the case, and Defendants have not disputed that interpretation. The time for filing petitions for panel rehearing and for rehearing en banc shall remain the same from the December 11, 2013, original filed date of the opinion. 
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