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IN RE PAINE

BAP No. SC-02-1081-KMaKi. Bankruptcy No. 01-06861-PB7.

283 B.R. 33 (2002)

In re Lloyd Delaus PAINE and Lorna J. Paine, Debtors. Lloyd Delaus Paine and Lorna J. Paine, Appellants, v. Weldon Griffin; Weldon Griffin, Trustee of the Howard C. Kuhle 1980 Trust; Ronald F. Woods, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 30, 2002.

Attorney(s) appearing for the Case

Harold D. Thompson, San Diego, CA, for Appellants.

Martin A. Eliopulos, Higgs, Fletcher & Mack, San Diego, CA, for Appellees.

Before KLEIN, MARLAR, and KIRSCHER, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from dismissal of an adversary proceeding filed by debtors seeking to have debts that were "excepted from discharge" on due process grounds in a prior bankruptcy declared to be dischargeable in a second chapter 7 case. Although the court shoehorned the prior judgments into 11 U.S.C. § 523(a)(10) notwithstanding that there was a discharge in the prior case, we hold that it is not necessary to find an...

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