IN RE LOYA

BAP No. CC-89-1950-OJP, Bankruptcy No. LAX 89-50903-AA.

123 B.R. 338 (1991)

In re Antonio LOYA, Debtor. Antonio LOYA, Appellant, v. Fred RAPP and Sue Rapp, Elsie Davis, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 11, 1991.


Attorney(s) appearing for the Case

William D. Crader, Canoga Park, Cal., for appellant Antonio Loya.

No counsel for appellees.

Before OLLASON, JONES and PERRIS, Bankruptcy Judges.


OPINION

OLLASON, Bankruptcy Judge:

The bankruptcy court concluded that certain malpractice claims, though time-barred under the applicable statute of limitations, should be considered in determining whether the aggregate unsecured debts exceed the $100,000.00 limitation imposed by 11 U.S.C. § 109(e). The court dismissed the case and debtor appealed. We reverse and remand.

I. FACTS

Debtor was a professional tax preparer who occasionally...

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