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IN RE DEVILLE

BAP Nos. NC-01-1188-MaPK, NC-01-1226-MaPK. Bankruptcy Nos. 00-31727, 00-32297, 00-43878. Adversary Nos. 00-3142 DM, 00-3182 DM.

280 B.R. 483 (2002)

In re Les DEVILLE, Debtor. In re Steven J. Daggett, Debtor. In re Daniel Miller, Debtor. Daniel Miller, Jr.; Arlo Hale Smith, Appellants, v. Noreen Cardinale, Appellee.

United States Bankruptcy Appellate Panel, Ninth Circuit.

Filed June 25, 2002.

Attorney(s) appearing for the Case

Arlo Hale Smith, San Francisco, CA, Daniel Miller, Jr., San Bruno, CA, pro se appellants.

Thomas Eastridge, Caron, Eastridge & Hanson, Alameda, CA, for Noreen Cardinale, appellee.

Before MARLAR, PERRIS and KLEIN, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Appellants challenge the bankruptcy court sanction award against them, which included a compensatory sanction of reasonable attorneys' fees and costs, plus a penalty for deterrence purposes, both of which were awarded to the opposing party. Appellants contend that the court exceeded its authority and violated due process. We AFFIRM in part, and REVERSE and REMAND in part.

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