IN RE KUN

No. 87-15050.

868 F.2d 1069 (1989)

In re Paul KUN, aka Pal Kun, Debtor. James L. HODGE and Sue P. Hodge, aka Oma Suzanne Hodge, husband and wife, Appellants, v. Paul KUN, aka Pal Kun, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1989.


Attorney(s) appearing for the Case

Philip L. Latish, Levy, Sherwood, Klein & Dudley, P.A., Phoenix, Ariz., for appellants.

Henry Jacobowitz, Kaplan, Jacobowitz, Byrnes, Rosier & Hendricks, P.A., Phoenix, Ariz., for appellee.

Before HUG, FLETCHER and BOOCHEVER, Circuit Judges.


FLETCHER, Circuit Judge:

This case involves a written contract executed by James Hodge ("Hodge") and Paul Kun ("Kun") in 1979. The bankruptcy court held that the contract is enforceable and awarded damages and attorney's fees. The Bankruptcy Appellate Panel (BAP) held that Hodge has no rights under the contract and reversed the judgment awarding damages and attorney's fees. We affirm in part, reverse in part, and remand.

I

In 1976, Hodge acted as...

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