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IN RE HUEY

BAP No. NC 81-1338 EKV, Bankruptcy No. 580-03267-M, Adv. No. 810698.

23 B.R. 804 (1982)

In re Anne Marie HUEY, aka Anne Marie Nickinello formerly an officer of Pacific Soft Service, Inc. dba Anntonys Ice Cream Parlor and, dba Slimcerely Yours, Debtor. Anthony P. NICKINELLO, Jr., et al., Appellant, v. Jerome E. ROBERSON, Trustee, Appellee.

United States Bankruptcy Appellate Panels Of The Ninth Circuit.

Decided September 10, 1982.

Attorney(s) appearing for the Case

Edward B. Lozowicki, Pettit & Martin, San Jose, Cal., for appellant.

Esther Z. Hirsh, Goldberg, Stinnett & MacDonald, San Francisco, Cal., for appellee.

Before ELLIOTT, KATZ and VOLINN, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

With leave of the panel, Anthony P. Nickinello, Jr. appeals from a denial of his demand for jury trial.

Nickinello was sued by the trustee in bankruptcy to recover "certain personal property, including monies in the sum of $41,770.00". The trustee alleges that the transfer of said property was with an actual intent to hinder, delay or defraud creditors.

The issue is, when the defendant is being sued under...

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