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IN RE PAINE

BAP No. SC-99-1524. Bankruptcy No. 95-03045-PB7.

250 B.R. 99 (2000)

In re Lloyd Delaus PAINE; Lorna Joyce Paine, Debtors. Lloyd Delaus Paine; Lorna Joyce Paine, Appellants, v. Howard C. Dickey; Henry Mortensen; Emil F. Jarosic; Lumn Family Trust; Leon Finnerty; Evelyn Finnerty; the Howard C. Kuhle 1980 Trust; Weldon Griffin; Gerald Davis, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 1, 2000.

Attorney(s) appearing for the Case

John L. Smaha, San Diego, CA, for Lloyd and Lorna Paine.

Martin A. Elipulos, Higgs, Fletcher & Mack, San Diego, CA, for the Howard C. Kuhle 1980 Trust.

Ronald F. Woods, Woods & Associates, San Diego, CA, for Weldon Griffin.

Before: MARLAR, RUSSELL, and RYAN, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

The debtors appeal the bankruptcy court's order reopening their closed, no-asset chapter 71 case upon the motion of secured creditors. The creditors sought declaratory relief concerning the effect of the discharge injunction on their deficiency judgment, and alleged that there were previously undisclosed, non-exempt assets that were property of the estate. In its order, the bankruptcy...

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