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IN RE LEISURE TIME SPORTS, INC.

BAP No. SC-95-1732-AsJO. Bankruptcy No. 92-13331-H11.

194 B.R. 859 (1996)

In re LEISURE TIME SPORTS, INC., a California corporation, Debtor. Gerald L. WOLFE, M.D.; Gerald L. Wolfe, D.O., A.P.C., Defined Benefit Pension Plan and Trust, Appellants, v. LEISURE TIME SPORTS, INC.; and Francine N. Meyer, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 29, 1996.

Attorney(s) appearing for the Case

Matthew V. Herron, Robert M. Steele, San Diego, CA, for Appellants.

Michael E. Busch, Gary B. Rudolph, San Diego, CA, for Appellees.

Before ASHLAND, JONES and OLLASON, Bankruptcy Judges.

OPINION

ASHLAND, Judge:

Dr. Gerald Wolfe appeals an order of the bankruptcy court sustaining an objection to his claim and allowing a general prepetition unsecured claim against the estate for $470,000. We reverse and remand.

STATEMENT OF THE FACTS

The salient facts of this case are not in dispute. The debtor Leisure Time Sports, Inc. and Dr. Gerald Wolfe entered into a memorandum...

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