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IN RE MARINO

BAP No. CC-96-1326-OHV, Bankruptcy No. LA 91-76426-BR, Adv. No. AD 94-02625-BR.

213 B.R. 846 (1997)

In re Salvatore James MARINO; Delores Carmen Marino, Debtors. Salvatore James MARINO, Appellant, v. CLASSIC AUTO REFINISHING, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 30, 1997.

As Amended October 22, 1997.

Attorney(s) appearing for the Case

Nicholas A. Franke, Law Offices of Nicholas A. Franke, Los Angeles, CA, for Salvators and Delores Marino.

Lary Alan Rappaport, McCambridge, Deixler, Marmaro & Goldberg, Los Angeles, CA, for Classic Auto Refinishing, Inc.

Before OLLASON, HAGAN and VOLINN, Bankruptcy Judges.

AMENDED OPINION

OLLASON, Bankruptcy Judge.

Debtor Salvatore Marino ("Marino") appeals the bankruptcy court's order of non-dischargeability of a debt. Marino contends that a creditor's complaint was barred by res judicata when it was dismissed as untimely in the Chapter 11 case before the case was converted to Chapter 7.1 We Reverse and Remand.

STATEMENT OF FACTS

In 1991, Classic Auto...

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