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IN RE RUBENSTEIN

BAP No. AZ 86-1532-AsMeE, Bankruptcy No. B-83-00561-TUC.

71 B.R. 777 (1987)

In re Charles RUBENSTEIN and Patricia Rubenstein, Debtor(s).

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided February 20, 1987.

Attorney(s) appearing for the Case

Walter F. Wood, Rosen & Grynkewich, Ltd., Tucson, Ariz., for debtors.

Before ASHLAND, MEYERS and ELLIOTT, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

The debtors Charles and Patricia Rubenstein appeal from the conversion of their Chapter 11 to a Chapter 7 on the bankruptcy court's own motion and from the court's denial of their subsequent motion for reconsideration. We reverse and remand.

FACTS

The debtors filed a Chapter 11 petition on June 3, 1983. Thereafter, they stipulated to relief from the automatic stay to allow a related state court action...

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