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MATTER OF BAKER

No. 97-41006.

154 F.3d 534 (1998)

In the Matter of: Edwin Wesley BAKER; Brenda Bitter Baker, Debtors. Edwin Wesley BAKER; Brenda Bitter Baker, Appellants, v. John A. RANK, III; Padre Place One, A Texas General Partnership, Appellees.

United States Court of Appeals, Fifth Circuit.

September 28, 1998.

Attorney(s) appearing for the Case

Shelby A. Jordan, Harlin C. Womble, Jr., Jordan, Hyden, Womble & Culbreth, Jan L. Shephard, Corpus Christi, TX, for Appellees.

Matthew A. Rosenstein, Corpus Christi, TX, for Appellees.

Before GARWOOD, JONES and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case arises from the Debtors' bankruptcy filed under Chapter 13 in 1990 and converted to Chapter 7 in 1991. Debtors appeal the district court's denial of discharge, raising two issues: (1) whether post-petition property of a Chapter 13 estate is included in property of the estate upon conversion to Chapter 7; and (2) whether the Debtors' expenditure of post-petition income for a vacation while their Chapter 13 case was pending violated...

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