In re: BETTY JEAN MCCARTHER- MORGAN v. Asset Acceptance, LLC

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. Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: BETTY JEAN MCCARTHER-
MORGAN,
Debtor.
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BETTY JEAN MCCARTHER-
MORGAN,
Appellant,
v.
ASSET ACCEPTANCE, LLC,
Appellee.
No. 09-60006
BAP No. SC-08-1093-KwMoJu
MEMORANDUM *
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kwan, Montali, and Jury, Bankruptcy Judges, Presiding
Submitted April 6, 2010**
Pasadena, California
Before: FERNANDEZ, SILVERMAN, and GRABER, Circuit Judges.
FILED
APR 09 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2
Betty Jean McCarther-Morgan appeals the dismissal of her adversary action
against Asset Acceptance, LLC. McCarther-Morgan alleges violation of the Fair
Debt Collection Practices Act ("FDCPA") and the California Rosenthal Fair Debt
Collection Practices Act ("RFDCPA"). We review de novo. Price v. U.S. Tr. (In
re Price), 353 F.3d 1135, 1138 (9th Cir. 2004).
The Bankruptcy Appellate Panel ("BAP") properly affirmed the bankruptcy
court’s dismissal of McCarther-Morgan’s FDCPA claim because the Bankruptcy
Code precludes that claim. Walls v. Wells Fargo Bank, N.A., 276 F.3d 502, 510-
11 (9th Cir. 2002). The BAP also properly affirmed the dismissal of McCarther-
Morgan’s RFDCPA claim because the Bankruptcy Code preempts that claim.
MSR Exploration, Ltd. v. Meridian Oil, Inc., 74 F.3d 910, 912-16 (9th Cir. 1996).
McCarther-Morgan argues that recent revisions to the Bankruptcy Code
undermine the holdings in Walls and MSR Exploration, but that argument is
inapplicable. McCarther-Morgan raises this argument for the first time in her reply
brief. Because she failed to raise this argument either below or in her opening brief
on appeal, she has waived it. Butler v. Curry, 528 F.3d 624, 642 (9th Cir.), cert.
denied, 129 S. Ct. 767 (2008).
AFFIRMED.

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