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IN RE MAREADY

BAP Nos. AZ-90-1030 RPV, AZ-89-2126, Bankruptcy No. 85-0885-PHX-R M, Adv. No. 87-664.

122 B.R. 378 (1991)

In re Robert Leroy and Ann H. MAREADY, Debtors. Lisbeth Huish CASE, Appellant, v. Robert Leroy MAREADY, Ann H. Maready, and Maready Community Property, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 9, 1991.

Attorney(s) appearing for the Case

Michael W. Carmel, Phoenix, Ariz., for appellant Lisbeth Huish Case.

Timothy H. Barnes, Phoenix, Ariz., for appellees Robert and Ann Maready.

Before RUSSELL, PERRIS, and VOLINN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

Judgment creditor appeals from a declaratory judgment of the bankruptcy court holding that community property is not liable for a nondischargeable debt because judgment creditor failed to serve the "innocent spouse" as a defendant in nondischargeability proceeding. No determination was made that the debt was a community claim. We remand for such a determination. It is not necessary to decide the issue of whether a debt...

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