Does a debtor have waived the issue of whether the bankruptcy court erred by dismissing the third and fourth causes of action?

federal, United States of America

The following excerpt is from Franklin v. U.S. Bank Tr., N.A. (In re Franklin), Adv. No. 3:17-ap-90177, BAP No. SC-19-1149-GBS (B.A.P. 9th Cir. 2021):

Debtor asserts that the bankruptcy court erred by dismissing the third and fourth causes of action, but she provides no argument that the court erred by striking those causes of action. Accordingly, she has waived the issue. Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) ("[O]n appeal, arguments not raised by a party in its opening brief are deemed waived.").6 Moreover, we perceive no error in the court's decision to grant the motion to strike.

Page 17

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