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IN RE DiSALVO

BAP No. CC-96-1975-PTJ, Bankruptcy No. LA 95-23292 TD, Adversary No. LA 96-02702.

224 B.R. 763 (1998)

In re Salvatore W. DiSALVO, aka, S.W. DiSalvo, Bill DiSalvo, Debtor and Debtor In Possession. Salvatore W. DiSALVO, Appellant, v. Jody DiSALVO, Ira M. Friedman, Esq., and Friedman & Friedman, a partnership, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Steven Karlton Kop, Weiss & Company, Los Angeles, CA, for Salvatore W. DiSalvo.

C. Casey White, Law Offices of Martin A. Gold, Los Angeles, CA, for Jody DiSalvo.

Before: PERRIS, JONES and TCHAIKOVSKY, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

Debtor3 appeals the bankruptcy court's dismissal of his claims for abuse of process and tortious violation of California Code of Civil Procedure § 726(a).4 We REVERSE the dismissal of the claim for abuse of process and AFFIRM the dismissal of the tortious violation claim.

FACTS

Debtor and defendant DiSalvo ("defendant") were divorced...

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