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IN RE MENK

BAP No. SC-98-1816-KRyB. Bankruptcy No. 95-14067. Adversary No. 97-90319.

241 B.R. 896 (1999)

In re Wolfgang M. MENK, Debtor. Wolfgang M. Menk, Appellant, v. Michael J. Lapaglia and Temecula Ready Mix, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 5, 1999.

Attorney(s) appearing for the Case

Richard Schwabe, Vista, CA, for Wolfgang M. Menk.

Thomas A. Shpall, Rosenberg, Shpall & Associates, San Diego, CA, for Micheal J. La Paglia and Temecula Ready Mix.

Before KLEIN, RYAN and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

The debtor-appellant lost the trail when he misunderstood what it means to reopen a closed bankruptcy case. Now he is mired in a poorly-explored jurisdictional swamp involving the relationship of 28 U.S.C. § 1334(a) to § 1334(b) and the difference between bankruptcy "cases" and bankruptcy "civil proceedings."

The debtor has appealed the order reopening his bankruptcy case and fixing a deadline for...

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