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IN RE CROSS

BAP No. CC-96-2167-HaJO, Bankruptcy No. SA 95-15228-JB, Adversary No. SA 95-01975-JB.

218 B.R. 76 (1998)

In re Douglas S. CROSS, Debtor. SECURITIES EXCHANGE COMMISSION, Appellant, v. Douglas S. CROSS, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 23, 1998.

Attorney(s) appearing for the Case

Hope Hall Augustini, Securities and Exchange Commission, Washington, DC, for Securities and Exchange Commission.

Rigoberto V. Obregon, Wells Fargo Center, Los Angeles, CA, for Douglas S. Cross.

Before: HARGROVE, JONES and OLLASON, Bankruptcy Judges.

OPINION

HARGROVE, Bankruptcy Judge.

The Securities Exchange Commission ("Commission") appeals the bankruptcy court's order dismissing its § 523(a)(2)(A) action against Douglas S. Cross ("Debtor") on the grounds that it did not have standing. WE REVERSE AND REMAND.

I.

FACTS

In 1993, Debtor, as president, secretary, and sole shareholder of Cross Financial Services, Inc. ("CFS"), a Nevada corporation, along with others...

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