IN RE BOZZO

No. 81-4252.

693 F.2d 90 (1982)

In re Carl Edward BOZZO and Diane Filice Bozzo, Bankrupts, HIGHLANDS INSURANCE COMPANY OF HOUSTON, TEXAS, Plaintiff-Appellant, v. Carl Edward BOZZO and Diane Filice Bozzo, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 22, 1982.


Attorney(s) appearing for the Case

Eric Winter, Anderson, McPharlin & Conners & Eric Winter, Los Angeles, Cal., for plaintiff-appellant.

Lawrence A. Jacobson, Cohen & Jacobson, Burlingame, Cal., for defendants-appellees.

Before WISDOM, MERRILL and NORRIS, Circuit Judges.


MERRILL, Circuit Judge:

The question presented is whether the claim filed by Highlands Insurance Company against the bankrupt estate of the Bozzos should be declared nonprovable and thus nondischargeable. The claim was based on Highlands's contingent liability on surety undertakings on which the bankrupts are principals. Highlands's motion in the bankruptcy court to have the claim declared nonprovable was granted by the bankruptcy judge who was then reversed by the...

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