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IN RE NGHIEM

BAP No. NC-00-1580-PKMa. Bankruptcy No 99-56010-JRG. Adversary No. 99-5429-JRG.

264 B.R. 557 (2001)

In re Peter P. NGHIEM, Debtor. Peter P. Nghiem, Appellant, v. Hamid Ghazvini, Mujtaba A. Agha, Arees B. Agha, Toribio Valdiri, GMAC Mortgage Corp., Executive Trustee Services, Inc., and Devin Derham-Burk, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 10, 2001.

Attorney(s) appearing for the Case

M. Dean Sutton, Fulton Law Firm, San Jose, CA, for Peter P. Nghiem.

Stephen E. Ensberg, Law Offices of Robert Weiss, Covina, CA, for GMAC Mortgage Corporation and Executive Trustee Services, Inc.

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

OPINION

PERRIS, Bankruptcy Judge.

Debtor filed an adversary proceeding seeking to set aside the foreclosure sale of his residence and damages arising out of the creditor's actions connected with the foreclosure. The primary issue is whether a lender must give new notice of a foreclosure sale after a bankruptcy case is dismissed, where a properly noticed sale that was pending at the time the bankruptcy petition was filed was continued in accordance with state...

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