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IN RE CHENICH

BAP No. SC-87-1920 VAMo, Bankruptcy No. 84-5060-M7, Adv. No. C86-0327-M7.

87 B.R. 101 (1988)

In re Sinisha P. CHENICH, Debtor. Eric WOLF, Trustee, Appellant, v. Vidosava CHENICH, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 14, 1988.

Attorney(s) appearing for the Case

Jeffry A. Davis, Gray, Cary, Ames & Frye, San Diego, Cal., for appellant.

Gary Appelt, Larkin and Appelt, Vista, Cal., for appellee.

Before VOLINN, ASHLAND and MOOREMAN, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

Appellant, the trustee in bankruptcy, appeals the denial of his motion for partial summary judgment that, pursuant to 11 U.S.C. § 544(b), he may avoid the transfer of community property to appellee, formerly the debtor's spouse, and use the money to satisfy a judgment against the debtor on a personal injury claim.

The principal issue is the construction and application...

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