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IN RE CLARK

BAP No. CC-00-1690-MOPB. Bankruptcy No. SV 96-17254-KL.

266 B.R. 163 (2001)

In re Robert L. CLARK, Debtor. Byron Z. Moldo, Chapter 7 Trustee, Appellant, v. Robert L. Clark; United States Trustee; Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 6, 2001.

Attorney(s) appearing for the Case

Peter A. Davidson, Kenneth Miller, Rein, Evans & Sestanovich, Los Angeles, CA, for Byron Z. Moldo, trustee.

Sue Ann Howard, Law Offices of Sue Ann Howard, Lancaster, CA, for Robert L. Clark.

Before: MONTALI, PERRIS and BRANDT, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

In this case the debtor filed inaccurate schedules showing ownership of non-existent assets and claiming them as exempt. When the trustee attempted to sell unscheduled assets, the debtor convinced the bankruptcy court that those assets were the same as those he had claimed exempt.

Byron Z. Moldo, chapter 71 trustee (the "Trustee...

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