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IN RE BALDWIN

BAP No. NC-99-1446. Bankruptcy No. 98-12651 AJ. Adversary No. 98-1230 AJ.

245 B.R. 131 (2000)

In re Billy Franklin BALDWIN, Debtor. Billy Franklin Baldwin, Appellant, v. Zachary Kilpatrick, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 7, 2000.

Attorney(s) appearing for the Case

Douglas B. Provencher, Provencher & Flatt LLP, Santa Rosa, CA, for Billy Franklin Baldwin, Appellant.

Peter F. Lacques, Bloomfield & Chernue, San Rafael, CA, for Zachery Kilpatrick, Appellee.

Before RYAN, MEYERS, and RUSSELL, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

In May 1997, Zachary Kilpatrick obtained a state court default judgment (the "Judgment") against Billy Baldwin ("Debtor") and three other defendants for assault and battery. After Debtor filed a chapter 71 bankruptcy petition, Kilpatrick filed a complaint (the "Complaint") to determine the Judgment nondischargeable under § 523(a)(6).

Kilpatrick filed a motion for summary judgment...

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