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IN RE DE LA CRUZ

BAP No. EC-93-1805-RVRo. Bankruptcy No. 92-15934-A-7K. Adv. No. 93-1046.

176 B.R. 19 (1994)

In re Jon Richard DE LA CRUZ, Debtor. Judith Gail HERNDON, as Guardian ad litem for Miranda Leann Herndon, a minor, Appellants, v. Jon Richard DE LA CRUZ, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Robert H. Brumfield, III, Bakersfield, CA, for appellants.

Joseph Pluta, Bakersfield, CA, for appellee.

Before RUSSELL, VOLINN and ROSS, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

A minor and her guardian filed a civil suit in state court alleging that the debtor had had non-consensual sexual intercourse with the minor. The debtor filed a Chapter 72 petition prior to the state court trial. The minor's attorney alleged that he never received the notice of the § 341(a) meeting of creditors, but did receive actual notice...

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