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IN RE GENERAL CARRIERS CORP.

BAP No. CC-99-1862-MaAP. Bankruptcy No. SA 92-10118-LR.

258 B.R. 181 (2001)

In re GENERAL CARRIERS CORPORATION, Debtor. Brad D. Krasnoff, Chapter 7 Trustee, Appellant, v. Richard Marshack, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 22, 2001.

Attorney(s) appearing for the Case

Daniel J. McCarthy, Hill, Farrer & Burrill, LLP, Los Angeles, CA, for Brad D. Krasnoff, Ch. 7 Trustee.

William M. Burd, Burd & Naylor, Santa Ana, CA, for Richard Marshack.

Before: MARLAR, ALLEY, and PERRIS, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The chapter 7 trustee moved the bankruptcy court to abstain from hearing an action against the former trustee which had been recently filed in state court but had not been removed to bankruptcy court. The bankruptcy court determined that the claim was a core matter, and exercised its discretion to deny the motion. Finding that the bankruptcy court lacked jurisdiction, we now VACATE the...

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