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IN RE BARRY

No. CV-95-7634-KMW.

201 B.R. 820 (1996)

In re Thomas Patrick BARRY, Debtor. Thomas Patrick BARRY, Appellant, v. BA PROPERTIES, INC., Appellee.

United States District Court, C.D. California.

June 25, 1996.

Attorney(s) appearing for the Case

Randolph Joyce, Simi Valley, CA, for appellant Thomas Patrick Barry.

Frank J. Coughlin, Cordova & Ruzicka, Newport Beach, CA, for appellee BA Properties.

MEMORANDUM OF DECISION

WARDLAW, District Judge.

Appellant Thomas Patrick Barry filed a Chapter 13 bankruptcy petition, protecting his residence from foreclosure. The bankruptcy court dismissed his Chapter 13 case on an erroneous record and without actual notice to him. Following the dismissal, Appellee BA Properties, Inc. sold the residence in a foreclosure sale. When Barry learned of the dismissal, he prevailed upon the bankruptcy court to reopen his case...

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