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IN RE PADILLA

BAP No. CC-96-1890-HMaV, Bankruptcy No. 96-22472.

214 B.R. 496 (1997)

In re Danny PADILLA, Debtor. Danny PADILLA, Appellant, v. U.S. TRUSTEE; Helen Frazer, Trustee; Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 24, 1997.

Attorney(s) appearing for the Case

J. Elliot McIntosh, Downey, CA, for Danny Padilla.

Sue K. Yap, Office of the U.S. Trustee, Los Angeles, CA, for U.S. Trustee.

Before HAGAN, MacDONALD, and VOLINN, Bankruptcy Judges.

OPINION

HAGAN, Bankruptcy Judge:

Danny Padilla ("Debtor") appeals orders of the bankruptcy court dismissing his case pursuant to 11 U.S.C. § 707(a) and revoking a discharge that was never granted or entered. The United States Trustee ("UST") appears as Appellee. We conclude the facts do not warrant a section 707(a) dismissal and REVERSE AND REMAND.

FACTS

On March 13, 1996, American Express obtained a judgment against the Debtor...

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