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ALLEN v. ALLEN

No. 00-35528.

275 F.3d 1160 (2002)

Jacqueline ALLEN, Creditor/Plaintiff in Bankruptcy Court, Appellant, v. Christopher Lynn ALLEN, Debtor/Defendant in Bankruptcy Court, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2002.

Attorney(s) appearing for the Case

Brian M. Fryer, Indio, California, for plaintiff-appellant Jacqueline Allen.

James A. Patten, West, Patten, Bekkedahl & Green, P.L.L.C., Billings, Montana, for defendant-appellee Christopher Allen.

Before: O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

Jacqueline Allen sought relief from the automatic stay imposed by her former husband's bankruptcy filing so that she could pursue in California state court a modification of spousal support and an appeal of a dissolution judgment. The bankruptcy court denied relief on the ground that Jacqueline failed to show adequate cause pursuant to 11 U.S.C. § 362(d)(1). The district court affirmed. The question we now consider is whether Jacqueline...

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