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IN RE GARSKE

BAP No. NC-02-1223-RyKMa, No. NC-02-1237-RyKMa, Bankruptcy No. 98-13427, Adversary No. 00-1139.

287 B.R. 537 (2002)

In re Paul George GARSKE and Veda Lee Garske, Debtors. Veda Lee Garske, Appellant and Cross-Appellee, v. Arcadia Financial, Ltd., Appellee and Cross-Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Timothy J. Becker, Zimmerman Reed, P.L.L.P., Minneapolis, MN, for Veda Lee Garske.

Jan T. Chilton, Severson & Werson, San Francisco, CA, for Arcadia Financial, Ltd.

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

OPINION

RYAN, Bankruptcy Judge.

After Veda Garske ("Debtor") filed a chapter 71 bankruptcy petition,' she obtained a discharge (the "Discharge"). Debtor then filed a class action complaint (the "Complaint") against Arcadia Financial, Ltd. ("Arcadia") under § 524(a)(2).

Debtor also filed a motion for class certification (the "Certification Motion") and a motion (the "Motion") for summary judgment against Arcadia...

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