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IN RE CUNDIFF

BAP No. 98-8045.

227 B.R. 476 (1998)

In re Janna W. CUNDIFF a.k.a. Janna Boggs, Debtor. Joseph Woods CUNDIFF, Plaintiff-Appellee, v. Janna W. CUNDIFF, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided December 21, 1998.

Attorney(s) appearing for the Case

Michael T. Gunner, Gunner & Banchefsky, Hilliard, OH, argued and on brief, for Appellant.

Brenda K. Neville, argued and on brief, Richard B. Meyers, Chesapeake, OH, on brief, for Appellee.

David Kuhn, Portsmouth, OH, Trustee.

Before: BAXTER, LUNDIN, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

I. ISSUES ON APPEAL

The Appellee obtained a judgment in bankruptcy court determining that a debt owed to him by the Debtor for attorney fees in their divorce action is nondischargeable under 11 U.S.C. § 523(a)(5). Although the Debtor raises numerous issues on appeal, this appeal is controlled by the issue of standing. The Panel concludes that the Appellee lacks standing to bring this claim. Accordingly, the Panel vacates the bankruptcy court...

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