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IN RE HOSSEINPOUR-ESFAHANI

BAP Nos. NC-95-2118-RDMe, NC-95-2119-RDMe. Bankruptcy No. 93-21401-C-7. Adversary No. 95-2303-C.

198 B.R. 574 (1996)

In re Akbar HOSSEINPOUR-ESFAHANI and Mehangiz Hosseinpour, Debtors. Larry J. TAYLOR, Chapter 7 Trustee, Appellant, v. Akbar HOSSEINPOUR-ESFAHANI and Mehangiz Hosseinpour, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Adam S. Gruen, San Francisco, CA, for Appellant.

Donald W. Fitzgerald, Sacramento, CA, for Appellees.

Before: RUSSELL, DONOVAN, and MEYERS, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

The debtors filed a motion to dismiss the chapter 72 trustee's complaint to set aside fraudulent transfers and to avoid certain liens as time barred by § 546(a)(1). The bankruptcy court rejected the trustee's contention that the statute was equitably tolled and dismissed the complaint. The trustee filed a motion for reconsideration, which the bankruptcy court denied. The trustee...

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