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IN RE LITTENSTEIN

BAP Nos. EC 83-1041 EV As, EC 83-1043 EV As, Bankruptcy No. 281-04535-D-11, Adv. No. 282-0609.

35 B.R. 123 (1983)

In re Marvin LITTENSTEIN and Margaret Littenstein, dba Soda Springs Station, Debtors. Marvin LITTENSTEIN and Margaret Littenstein, dba Soda Springs Station, Appellants, v. Stephen N. DORCICH, individually and dba Stephen N. Dorcich Realty, and as Stephen N. Dorcich, 1968 Trust, Yadron Corporation, a California Corporation, Ronald S. Czarnecki, Mary Czarnecki, Andrew Pavicich, Helen Pavicich, Joseph Tercerni, Lucille Tercerni, John Ehrens, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Laurence M. Berlin, Tucson, Ariz., for appellants.

John M. LaPlante, Bullen, McKone, McKinley, Gay & Keitges, Sacramento, Cal., for appellees.

Before ELLIOTT, VOLINN and ASHLAND, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

The debtors appeal from the trial court's denial of their application for entry of the Appellee's default. Appellants were granted leave to appeal. We conclude that the court below did not abuse its discretion and affirm its decision.

The debtors filed a complaint against Appellees alleging 21 separate claims for relief. Each claim for relief is based upon a state-created private right. See Northern

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