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IN RE EASTMAN

BAP No. CC-94-1955-JePMe. Bankruptcy No. SA 94-13830-JB.

188 B.R. 621 (1995)

In re Lorraine EASTMAN, Debtor. Lorraine EASTMAN, Appellant, v. Mark EASTMAN; Thomas H. Casey, Interim Trustee; United States Trustee; Robyn R. Devereaux, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 30, 1995.

Attorney(s) appearing for the Case

Douglas A. Johnson, Chino, CA, for appellant/debtor.

Mark K. Worcester, Irvine, CA, for appellee Mark Eastman.

Before JELLEN, PERRIS, and MEYERS, Bankruptcy Judges.

OPINION

JELLEN, Bankruptcy Judge:

On motion of the debtor's former spouse, an unsecured claimant, the bankruptcy court dismissed the debtor's voluntary Chapter 7 petition pursuant to Bankruptcy Code § 305(a)(1)3. The debtor appeals. We reverse and remand.

I. FACTS

On April 15, 1994, the debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code. Prior to the filing, the debtor and her...

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