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IN RE OZAI

BAP No. CC-82-1052-AbGH, Bankruptcy No. LA 81-08006-JM, Adv. Nos. LA-81-4089-JB, LA-81-4179-JB.

34 B.R. 764 (1983)

In re Manabu OZAI and Helen Marie Ozai, Debtors. Manabu OZAI and Helen Marie Ozai, Defendants and Appellants, v. Rose Mary TABUENA, Alicia De Alba, Fireman's Fund Insurance Company, and Safeco Title Insurance Company, Plaintiffs and Appellees.

United States Bankruptcy Appellate Panels, of the Ninth Circuit.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Kevin Mahan, Mahan & Mahan, LaJolla, Cal., for defendants and appellants.

Robert L. Coontz, Jr., Regal & Levy, Los Angeles, Cal., and Robert D. Rudnick, The Law Center, Palm Springs, Cal., for plaintiffs and appellees.

Before ABRAHAMS, GEORGE and HUGHES, Bankruptcy Judges.

ABRAHAMS, Bankruptcy Judge.

These are two appeals by the debtors, the Ozais, from an order of the bankruptcy court remanding two causes of action to the state court.

The facts are summarized as follows: Appellee Tabuena is the former wife of debtor Manabu Ozai. Tabuena sued the debtors in state court over an allegedly forged deed from Tabuena to debtor Manabu. Eventually the litigation came to include the notary public who took the acknowledgment on the deed...

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