IN RE FLYNN

No. 03-56340.

418 F.3d 1005 (2005)

In re John F. FLYNN, Debtor, Elsie C. Stine, Appellant, v. Richard K. Diamond, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2005.


Attorney(s) appearing for the Case

Claudia Kloss, Venice, CA, for the appellant.

Steven J. Schwartz, Danning, Gill, Diamond & Kollitz, LLP, Los Angeles, CA, for the appellee.

Before: LEAVY, FISHER, and BYBEE, Circuit Judges.


LEAVY, Senior Circuit Judge:

Elsie Stine, the co-owner of real property with the bankruptcy debtor, John Flynn, appeals the Bankruptcy Appellate Panel's (BAP) decision that she was required to pay a pro-rata share of the attorney's fees incurred by the bankruptcy trustee during the sale of the property. Stine also appeals the BAP's decision to permit the trustee to withhold Stine's share of the sale proceeds. We have jurisdiction under 28 U.S.C. § 158(d), and...

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