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IN RE SINGLETON

BAP No. 98-8033.

230 B.R. 533 (1999)

In re Joe SINGLETON, Jr., Debtor. Joe Singleton, Jr., Plaintiff-Appellant, v. Fifth Third Bank of Western Ohio; L C Charters Incorporated; Gary Haines; and George W. Ledford, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided March 4, 1999.

Attorney(s) appearing for the Case

Brian Petroziello, Petroziello & Stout, Trotwood, Ohio, argued and on brief, for Appellant.

Alan J. Statman, Reisenfeldt & Statman, Cincinnati, Ohio, argued and on brief, for Appellee.

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

OPINION

In a state court proceeding, the Debtor argued, as a defense, that his personal Chapter 13 bankruptcy stayed the sale of property owned by the Debtor's corporation. The state court determined that the automatic stay did not prevent sale of the business property. The Debtor did not appeal the state court decision but instead filed a complaint in the bankruptcy court for violation of the automatic stay. The bankruptcy court dismissed the Debtor's complaint...

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