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IN RE CAPOBIANCO

BAP No. NC-99-1502-RBK. Bankruptcy No. 98-33457-STC. Adversary No. 98-3416-TC.

248 B.R. 833 (2000)

In re Lori A. CAPOBIANCO, Debtor. Lori A. Capobianco, Appellant, v. Glen A. Trew, fdba Trew Audio Services, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 16, 2000.

Attorney(s) appearing for the Case

Irving J. Kornfield, Kornfield, Paul, Bupp & Nyberg, Oakland, CA, for Lori A. Capobianco.

Scott M. Reddie, McMormick, Barstow, Sheppard, Wayte & Carruth, Fresno, CA, for Glen A. Trew.

Before RUSSELL, BRANDT, and KLEIN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

The appellee, a sole proprietorship, sued the appellant, a former employee, for misappropriation of funds in a Tennessee state court. Prior to the commencement of the state court trial, the appellant moved to California, where she filed her chapter 71 petition. The appellee, who had incorporated after the appellant's discharge, subsequently brought a nondischargeability action in the...

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