IN RE ENGLANDER

BAP No. CC-87-2168, Bankruptcy No. SA 87-01581 JR, Adv. No. SA 87-0402 JR.

92 B.R. 425 (1988)

In re Harvey A. ENGLANDER and Sandra S. Englander, Debtors. MISSION VIEJO NATIONAL BANK, Appellant, v. Harvey A. ENGLANDER and Sandra S. Englander, Appellee(s).

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 26, 1988.


Attorney(s) appearing for the Case

Barbara A. Maggio, Miller, Boyko & Bell, San Diego, Cal., for appellant.

Daniel E. Mintz, Greenberg & Bass, Encino, Cal., for appellees.

Before MOOREMAN, MEYERS and JONES, Bankruptcy Judges.


MOOREMAN, Bankruptcy Judge:

This appeal arises out of the bankruptcy court's order dismissing the appellant's amended nondischargeability complaint for failure to state a claim and in imposing sanctions against the appellant's attorney for $500.

FACTS

Appellees, both individually and as corporate entities, filed Chapter 7 petitions on March 17, 1987, listing Mission Viejo National Bank (appellant) as a creditor. Appellant was an unsecured creditor...

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