IN RE DITTER

BAP No. CC-95-2145-VOB, Bankruptcy No. SV 94-28420-KL, Adv. No. SV 95-01276-KL.

205 B.R. 213 (1996)

In re Fred DITTER, Sandra Ditter, and Ditter & Associates, Debtors. Fred DITTER, Sandra Ditter, and Ditter & Associates, Appellants, v. Harold GREENBERG dba Law Firm of Harold Greenberg, Michael Damsky, Rosanne M. Guagenti and Guagenti & Damsky, and Michael S. Kogan, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 18, 1996.


Attorney(s) appearing for the Case

George M. Wallace, Pasadena, CA, for Fred & Sandra Ditter.

Adam L. Gubner, Los Angeles, CA, for Michael S. Kogan.

Daniel A. Lev, Los Angeles, CA, for Michael Damsky, Rosanne M. Guagenti and Guagenti & Damsky.

Before: VOLINN, OLLASON, and BRANDT, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

Prior to filing bankruptcy, the debtors, Fred and Sandra Ditter, sued their former counsel for malpractice, alleging that counsel's negligence caused dismissal of a suit for wrongful termination of employment. While litigating the malpractice action, the debtors filed a chapter 7 bankruptcy case.

The debtors anticipated that the Chapter 7 trustee would abandon the malpractice suit. Instead...

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