IN RE MARINO

Bankruptcy No. LA 91-76426-BR, Adv. No. AD 91-06606-BR, BAP Nos. CC-92-1022-JPV, CC-92-1023-JPV.

143 B.R. 728 (1992)

In re Salvatore James MARINO, and Dolores Carmen Marino, Debtors. CLASSIC AUTO REFINISHING, INC., Appellant, Cross-Appellee, v. Salvatore James MARINO, Appellee, Cross-Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 17, 1992.


Attorney(s) appearing for the Case

Lary Alan Rappaport, Los Angeles, Cal., for Classic Auto Refinishing.

Nicholas A. Franke, Los Angeles, Cal., for Salvatore James Marino.

Before JONES, PERRIS and VOLINN, Bankruptcy Judges.


OPINION

JONES, Bankruptcy Judge:

FACTS

Debtor Salvatore Marino ("Marino"),1 individually and through a company owned by him (Jim Marino Imports ("JMI")), owned and operated automobile dealerships. Appellant Classic Auto Refinishing, Inc. ("Classic Auto") operated a business on the premises of Marino's dealerships.

After Classic Auto went out of business, it sued Marino and JMI in California state court for fraud...

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