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IN RE CARTY

BAP No. AZ-92-1260 RJM, Bankruptcy No. 90-12236-PHX-RTB.

149 B.R. 601 (1993)

In re Michael CARTY and Patricia Carty, Debtors. Paul GREENWELL, Appellant, v. Michael CARTY and Patricia Carty, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Robert V. Ward, Chandler, AZ, for Paul Greenwell.

No appearance for appellees.

Before RUSSELL, JONES and MEYERS, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

The creditor appeals the bankruptcy court's authorization of the refiling of a new bankruptcy petition by the debtors after dismissal of a previous petition which was improperly filed within the 180-day period proscribed by 11 U.S.C. § 109(g)(2)1. We AFFIRM.

I. FACTS

The facts are not in dispute. On January 5, 1989, appellant...

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