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IN RE YOUNIE

BAP No. SC-96-1817-ORyJ, Bankruptcy No. 95-10862-A7, Adversary No. 95-90766-A7.

211 B.R. 367 (1997)

In re Douglass YOUNIE, dba Air Sculptures and Kathleen O'Callahan-Younie, aka Kate O'Callahan, dba Air Sculptures, Debtors. Douglass YOUNIE, dba Air Sculptures and Kathleen O'Callahan-Younie, dba Air Sculptures, Appellants, v. Paul GONYA, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 18, 1997.

Attorney(s) appearing for the Case

Lee C. Henning, Lence Law Firm, Kalispell, MT, for appellants.

Gary R. Christiansen, Warden, Christiansen, Johnson & Berg, Kalispell, MT, for respondents.

Before: OLLASON, RYAN and JONES, Bankruptcy Judges.

OPINION

OLLASON, Bankruptcy Judge.

Douglass Younie ("Younie") and Kathleen O'Callahan-Younie (together "Debtors") have appealed a summary judgment of nondischargeability of a debt in favor of Paul Gonya ("Gonya"). Debtors contend that the bankruptcy court erred by applying collateral estoppel to a default judgment which, allegedly, was obtained by fraud and did not meet the requirements for issue preclusion. They also contend that the bankruptcy court...

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