IN RE WENBERG

BAP Nos. CC-87-2255-MoVMe, CC-88-1047, Bankruptcy No. SAX 87-00668 JR, Ref. No. M7-0824 JR.

94 B.R. 631 (1988)

In re Cuyler WENBERG, and Neta Wenberg, Debtors. FEDERAL DEPOSIT INSURANCE CORPORATION, acting as Receiver of Valencia Bank, Appellee, v. Cuyler WENBERG, and Neta Wenberg, Appellants.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 13, 1988.


Attorney(s) appearing for the Case

William M. Burd, Santa Ana, Cal., for appellants.

Debra K. Meyers, Daniel D. Zahner, Newport Beach, Cal., for appellee.

Before MOOREMAN, VOLINN and MEYERS, Bankruptcy Judges.


OPINION

MOOREMAN, Bankruptcy Judge:

In appeal No. CC 88-1047, appellants (debtors) argue that an award of "attorney's fees and costs" arising out of an adversary action in a Texas bankruptcy case should not be considered a "liquidated debt" pursuant to 11 U.S.C. § 109(e). Accordingly, the debtors seek reversal of the bankruptcy court's determination that their list of "liquidated," unsecured debts exceeded the $100,000 statutory limit of § 109...

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