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IN RE MARSCH

Nos. 92-56442, 92-56443.

36 F.3d 825 (1994)

In re Carol Freeman MARSCH, Debtor (Two Cases). John D. MARSCH, Claimant-Appellant, v. Carol F. MARSCH, Respondent-Appellee (Two Cases).

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Michael L. Sandford and John P. Caviness, Hill & Sandford, Santa Barbara, CA, for claimant-appellant.

Joseph M. Sholder, Michaelson, Susi & Michaelson, Santa Barbara, CA, for respondent-appellee.

Before KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, District Judge.

Per Curiam; Partial Concurrence and Partial Dissent by Judge TROTT.

PER CURIAM.

Before a state court could enter a restitution judgment against Carol Marsch ("debtor") in favor of her ex-husband, John Marsch, she filed a Chapter 11 petition. The bankruptcy court found that debtor, who was not in business, filed the petition to prevent entry of the judgment and avoid posting an appeal bond, even though debtor had sufficient assets to pay the judgment or post...

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