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IN RE BUCKNUM

BAP No. CC 88-2068 MoPV, Bankruptcy No. SA 88-01954 JB, Adv. No. SA 88-0407 JB.

105 B.R. 25 (1989)

In re Daniel R. BUCKNUM, d/b/a Bucknum, Levine & Smith, Debtors. Joe W. MOODY, and Bernice H. Moody, Appellants, v. Daniel R. BUCKNUM d/b/a Bucknum, Levine & Smith, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 29, 1989.

Attorney(s) appearing for the Case

Meredith Bradford, Walnut Creek, Cal., for appellants.

Ralph G. Pagter, Pagter Law Corp. Santa Ana, Cal., for appellee.

Before MOOREMAN, PERRIS and VOLINN, Bankruptcy Judges.

OPINION

MOOREMAN, Bankruptcy Judge:

This appeal arises out of the bankruptcy court's order granting the debtor's motion to dismiss the appellants' nondischargeability complaint as having been untimely filed after the bar date had passed.

FACTS

The following facts are essentially undisputed. Appellants obtained a state court judgment against the debtor (an attorney) for malicious prosecution. On March 13,

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