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IN RE ATKINS

BAP No. EC-91-1304-RJP, Bankruptcy No. 287-00156-A-7, Adv. No. 287-0153/CLB-1.

134 B.R. 936 (1992)

In re Dale ATKINS and Anna Atkins, Debtors. Dale D. ATKINS, Appellant, v. FIBERGLASS REPRESENTATIVES, INC., a California Corporation, Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided January 7, 1992.

Attorney(s) appearing for the Case

Clarence L. Baker, Sacramento, Cal., for appellant.

Richard A. Frankel, Danville, Cal., for appellee.

Before RUSSELL, JONES and PERRIS, Bankruptcy Judges.

RUSSELL, Bankruptcy Judge:

An earnings withholding order was issued against the debtor's community property wages to satisfy a nondischargeable debt incurred by his spouse. The debtor later filed a motion for relief from the withholding order alleging that since his marriage had subsequently been dissolved, his wages were no longer community property. The bankruptcy court found the dissolution to be a sham and denied the...

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