IN RE MARKUS

BAP No. NC-00-1370-KMaP. Bankruptcy No. 99-48343-NT. Adversary No. 00-4137.

268 B.R. 556 (2001)

In re Barbara G. MARKUS, Debtor. Mary-Ann Gschwend, Appellant, v. Barbara G. Markus; Tevis T. Thompson, Jr., Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 28, 2001.


Attorney(s) appearing for the Case

Mary Ann Gschwend, Concord, CA, pro se.

Elliott Abrams, Walnut Creek, CA, for Barbara Gail Markus.

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


OPINION

KLEIN, Bankruptcy Judge.

This appeal involves the "relation back" of an amended pleading in the context of the dichotomy between bankruptcy "adversary proceedings" and "contested matters." It is another instance of how issues arising under the Federal Rules of Civil Procedure ("Civil Rules") acquire new nuances when incorporated by the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules"). Concluding that an untimely "adversary proceeding" complaint...

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