IN RE PADILLA

BAP No. CC 96-1064-TJH, Bankruptcy No. SV 95-14732 KL.

213 B.R. 349 (1997)

In re Francisco R. PADILLA, aka Frank Padilla, fdba Padilla Masonry & Landscaping, Debtor. Gus SMYRNOS, Appellant, v. Francisco R. PADILLA, and Edwina Dowell, Ch. 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 12, 1997.


OPINION

TCHAIKOVSKY, Bankruptcy Judge.

In February 1995, Appellant Gus Smyrnos ("Smyrnos") obtained a nondischargeable judgment against Debtor/Appellee Francisco R. Padilla ("Padilla") in a chapter 7 case filed in December 1993. Three months later, in June 1993, Padilla filed a chapter 13 plan. Smyrnos objected to confirmation of the plan on the ground that it was not filed in good faith. The bankruptcy court overruled the objection and confirmed...

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