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IN RE ROTHERY

No. 97-56151.

143 F.3d 546 (1998)

In re Ceresa Annette ROTHERY, Debtor. Larry CUNNINGHAM, Appellant, v. Ceresa ROTHERY, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1998.

Attorney(s) appearing for the Case

Sidney Lanier, Ayscough & Marar, Torrance, California, for appellant.

Michael Leight, Jeffrey P. Cunningham, Law Offices of Michael Leight, Long Beach, California, for appellee.

Before: FARRIS, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

FARRIS, Circuit Judge.

The Bankruptcy Appellate Panel reversed in part an order of the Bankruptcy Court granting relief for creditor Larry Cunningham against debtor Ceresa Rothery. The BAP affirmed the ruling that Rothery's motion to dismiss Cunningham's Chapter 7 petition was properly converted into a motion for summary judgement, but held that partial summary judgement on the number of creditors issue should not have been granted sua sponte, since Rothery...

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