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IN RE STUART

BAP No. CC 87-1814 MoVJ, Bankruptcy No. LA84-11629SB, Adv. No. LA86-2089SB.

88 B.R. 247 (1988)

In re Alfred Victor STUART, Debtor. Joseph ABANDONATO, Appellant, v. Alfred Victor STUART, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 15, 1988.

Attorney(s) appearing for the Case

Kurt Osenbaugh, McClintock, Kirwan, Benshoff, Rochefort & Weston, Los Angeles, Cal., for appellant.

No Appearance for appellee.

Before MOOREMAN, VOLINN and JONES, Bankruptcy Judges.

MOOREMAN, Bankruptcy Judge.

This appeal arises from an order entered by the bankruptcy court dismissing the appellant's complaint "for failure to prosecute." The debtor/appellee did not file a responsive brief.

FACTS

On August 7, 1986, the appellant filed the underlying adversary proceeding against the debtor seeking to have a certain debt declared nondischargeable. The complaint specifically alleged that the debtor had obtained a loan (in the amount...

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