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IN RE MARKOVICH

BAP No. MT-95-2298-RyJR, Bankruptcy No. 95-50151-7.

207 B.R. 909 (1997)

In re Ronald C. MARKOVICH, Debtor. Ronald C. MARKOVICH, Appellant, v. Richard J. SAMSON, Chapter 7 Trustee; Clarence William Roper, real party in interest, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 28, 1997.

Attorney(s) appearing for the Case

Gregory E. Paskell, Kalispell, MT, for Ronald C. Markovich.

Don Torgenrud, St. Ignatius, MT, for Clarence Roper.

Before: RYAN, JONES, and RUSSELL, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge:

Ronald C. Markovich ("Debtor") obtained a discharge in his chapter 7 case. Later, Clarence W. Roper ("Roper") obtained a non-dischargeability judgment against Debtor. In response, Debtor moved the bankruptcy court to vacate his discharge under Bankruptcy Code (the "Code")1 § 727(d) and to convert his case to chapter 13. The bankruptcy court held that Debtor lacked standing to vacate...

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