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IN RE PETERS

BAP No. CC-94-2523-VJRi. Bankruptcy No. LA93-26896 CA. Adv. No. LA93-02735 CA.

191 B.R. 411 (1996)

In re Nicholas Anthony PETERS, Debtor. Nancy Jo RETTIG, Appellant, v. Nicholas A. PETERS, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 18, 1996.

Attorney(s) appearing for the Case

William F. Clark, Torrance, CA, for Appellant.

Michael J. Kurz, Long Beach, CA, for Appellee.

Before VOLINN, JONES and RIEGLE, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

Nancy Jo Rettig ("Ms. Rettig"), a creditor of the debtor, appeals a judgment holding the debtor not liable for fraud or defalcation while acting in a fiduciary capacity under 11 U.S.C. § 523(a)(4).2 The panel is without jurisdiction to reach the merits, however, because of an unresolved motion below.

We REMAND.

FACTUAL BACKGROUND AND PROCEEDINGS

...

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