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IN RE FAUCHIER

BAP No. CC-86-1096-MeMoV, Bankruptcy No. LA 83-15553 JD, Adv. No. LA 84-50629 JD.

71 B.R. 212 (1987)

In re Danny Ray FAUCHIER, aka Danny Fauchier, aka Littlefield's Restaurant, Debtor. Arthur LUBECK and Janice Lubeck, Plaintiffs, v. LITTLEFIELD'S RESTAURANT CORPORATION, Dan Fauchier, William Lowe and Does I through X, Defendants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 19, 1987.

Attorney(s) appearing for the Case

Wade R. Thompson, Thompson & Dreyer, Sacramento, Cal., for plaintiffs.

Dan Fauchier, Beverly Hills, Cal., for defendants.

Before MEYERS, MOOREMAN and VOLINN, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

This appeal raises the question of whether a debt is duly listed for the purposes of Section 523(a)(3) of the Bankruptcy Code ("Code"). The creditors' address was incorrectly listed, causing the creditors to be deprived of notice of the pendency of the bankruptcy until after the bar date to determine dischargeability had passed. Finding that the record on appeal is inadequate to determine whether the listing...

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