In re: WILLIAM WALTER PLISE v. SHELLEY D. KROHN, Chapter 7 Trustee; WILLIAM WALTER PLISE

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: WILLIAM WALTER PLISE,
Debtor,
------------------------------
TENNILLE I. PLISE,
Appellant,
v.
SHELLEY D. KROHN, Chapter 7
Trustee; WILLIAM WALTER PLISE,
Appellees.
No. 15-60032
BAP No. 14-1474
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kurtz, Dunn, and Jury, Bankruptcy Judges, Presiding
Submitted December 6, 2017**
Pasadena, California
FILED
JAN 05 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Before: WARDLAW and GOULD, Circuit Judges, and COLLINS,*** Chief
District Judge.
Tennille Plise, the former spouse of Debtor William Plise, appeals the
Bankruptcy Appellate Panel for the Ninth Circuit's (BAP) affirmance of the
bankruptcy court's order sustaining the objection of Shelley Krohn, the Chapter 7
trustee for William Plise's bankruptcy estate.
The BAP did not abuse its discretion by affirming the bankruptcy court's
order sustaining Krohn's claim objection on the basis of judicial estoppel. See
Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782–83 (9th Cir. 2001).
Plise held clearly inconsistent positions during the bankruptcy proceeding. The
bankruptcy court accepted her prior position in the settlement agreement that
$425,000 of the proceeds from the sale of the Austin property would go to
unsecured creditors and release Plise from all remaining claims. Plise
subsequently made a priority claim and argued that the $425,000 should go to her
because she was an unsecured creditor. This change in position would provide her
with an unfair advantage. See id. at 782. The BAP thus appropriately determined
*** The Honorable Raner C. Collins, Chief United States District Judge
for the District of Arizona, sitting by designation.
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that Plise was judicially estopped from taking the current, inconsistent position that
the $425,000 should go to her.
AFFIRMED.
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