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IN RE AVIVA GELATO, INC.

BAP No. NC 87-2184, Bankruptcy No. 3-86-00685 JR.

94 B.R. 622 (1988)

In re AVIVA GELATO, INC., Debtor. Robert A. YOUNG Appellant, v. AVIVA GELATO, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 28, 1988.

Attorney(s) appearing for the Case

Robert A. Young, San Francisco, Cal., for appellant.

Henry Cohen, Burlingame, Cal., for appellee.

Before MOOREMAN, PERRIS and VOLINN, Bankruptcy Judges.

OPINION

MOOREMAN, Bankruptcy Judge:

This appeal arises out of the bankruptcy court's order denying the appellant's motion for taxing costs of $963.65, after the appellant had filed a motion to dismiss the underlying Chapter 11 petition. The corporate debtor initially opposed this motion, but subsequently withdrew its opposition resulting in default and eventual dismissal of the petition.1

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