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IN RE BELLI

BAP Nos. CC-00-1808-MaBK, CC-01-1021-MaBK. Bankruptcy No. LA 00-22059 TD. Adversary No. LA 00-01926 TD.

268 B.R. 851 (2001)

In re Dennis BELLI, Debtor. Dennis Belli, Appellant/Cross-Appellee, v. William Temkin, Appellee/Cross-Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Michael J. Kurz, Law Offices of Michael J. Kurz, Manhattan Beach, CA, for Dennis Belli.

Jamie R. Schloss, Los Angeles, CA, for William Temkin.

Before: MARLAR, BRANDT, and KLEIN, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

This appeal presents a basic problem of federal trial practice and illustrates the role of Federal Rule of Civil Procedure 54(b) ("Rule 54(b)") in distinguishing final from interlocutory orders in appeals involving bankruptcy adversary proceedings.

In an adversary proceeding on a two-count complaint to determine nondischargeability of a debt, the bankruptcy court granted summary judgment for the plaintiff...

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