IN RE LAWLER

BAP Nos. OR-91-1208-VAsO, OR-91-1290-VAsO and OR-91-1411-VAsO, Bankruptcy No. 389-34301-P7, Adv. Nos. 89-3384, 89-3351 and 90-3001.

141 B.R. 425 (1992)

In re William W. and Cathi L. LAWLER, Debtors. WESTERN WIRE WORKS, INC., Franz Kroell, Donald H. Hartvig, Trustee, Appellants, v. William W. and Cathi L. LAWLER, Owen Simon and Maureen Mengis, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 8, 1992.


Attorney(s) appearing for the Case

Richard D. Senders, Portland, Or., for appellants Western Wire Works & Franz Kroell.

William E. Loose, Portland, Or., for appellees Owen Simon and Maureen Mengis.

Karen L. Keeney, Portland, Or., for appellees William and Cathi Lawler.

Before VOLINN, ASHLAND and OLLASON, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge.

OVERVIEW

The trustee and two creditors appeal FRCP Rule 41(b) dismissals of their consolidated fraudulent transfer cases. The two creditors also appeal the dismissal of their objections to the discharge of the debtor pursuant to various claims under 11 U.S.C. § 727. The appeal centers on whether the trial court erred by ruling that the plaintiffs had to meet their burden of proving their claims by clear and...

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