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IN RE SYLVESTER

BAP No. CC-97-1225-JPaMe, Bankruptcy No. LA96-42750 KM, Adversary No. LA96-04009 KM.

220 B.R. 89 (1998)

In re Richard R. SYLVESTER; Irene L. Sylvester, Debtors. Richard R. SYLVESTER, Appellant, v. Herbert HAFIF, Esq.; United States Trustee; Howard M. Ehrenberg, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted February 11, 1998.

Decided March 25, 1998.

Attorney(s) appearing for the Case

Richard R. Sylvester, Los Angeles, CA, pro se.

Stepen J. Snipper, Los Angeles, CA, for Herbert Hafif.

Before JONES, PAPPAS, and MEYERS, Bankruptcy Judges.

OPINION

Jones, Bankruptcy Judge.

Appellant Richard R. Sylvester ("Debtor") appeals from an order denying a claimed exemption in the proceeds of a malpractice action against Appellee. Debtor claims the bankruptcy court erred in holding that the malpractice action was an action to recover property and not an action for personal injury. As an action to recover property, the bankruptcy court held that any proceeds from the malpractice action were not...

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