IN RE KOUBOURLIS

No. 87-3789.

869 F.2d 1319 (1989)

In re Demetrius KOUBOURLIS; Toni J. Koubourlis, Debtors. Robert William AKERS, Appellant, v. Demetrius KOUBOURLIS; Toni J. Koubourlis, Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 13, 1989.

Decided March 13, 1989.


Attorney(s) appearing for the Case

David E. Eash, Huppin, Ewing & Anderson, Spokane, Wash., for appellant.

Richard P. Guy, Winston & Cashatt, Spokane, Wash., for appellees.

Before ALARCON and FLETCHER, Circuit Judges, and GEORGE, District Judge.


PER CURIAM:

In this case, we must decide whether summary judgment was proper on the question of insolvency in a petition for bankruptcy. We find summary judgment was improper and, accordingly, reverse the Bankruptcy Appellate Panel (BAP).

FACTS AND PROCEEDINGS BELOW

On November 1, 1985, Robert Akers ("Akers") was awarded judgment against the debtors, Demetrius and Toni Koubourlis ("Koubourlises"), in Idaho state court. On two causes of action, Akers...

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