IN RE SEARLES

BAP. No. AZ-04-1173-KSB. Bankruptcy No. 01-16135-PHX-RTB. Adversary No. 02-00189.

317 B.R. 368 (2004)

In re Ruth A. SEARLES, Debtor. Ruth A. Searles, Appellant, v. Charles L. Riley, Jr., Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 5, 2004.


Attorney(s) appearing for the Case

Elizabeth A. Winter, Scottsdale, AZ, for Ruth A. Searles.

Terry A. Dake, Phoenix, AZ, for Charles L. Riley, Trustee.

Before KLEIN, SMITH, and BRANDT, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from a judgment denying the chapter 7 discharge of an individual and of her marital community for withholding from the trustee, and not scheduling interests in, community property that is property of the estate.

Concluding that an adversary proceeding objecting to discharge survives conversion to chapter 13, that each successor trustee is automatically substituted as a party, and that discharge denial...

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