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IN RE AVERY

No. 98-34984-A-13L.

272 B.R. 718 (2002)

In re Dr. John Philip AVERY and Cydney Ann Avery, Debtors.

United States Bankruptcy Court, E.D. California, Sacramento Division.

January 30, 2002.

Attorney(s) appearing for the Case

Samuel W. Gordon, Esq., Hemar, Russo & Heald, LLP, from Encino, California American Investment Financial.

Andrew M. Henderson, Esq. and Mary Clarke Ver Hoef, Esq., Law Office of Andrew M. Henderson, A Professional Corporation, for Dr. John Philip Avery and Cydney Ann Avery.

MEMORANDUM DECISION

MICHAEL S. MCMANUS, Chief Judge.

This case requires the court to determine whether it may vacate a chapter 13 discharge on the motion of a creditor whose timely filed proof of claim was not paid by the trustee as required by the chapter 13 plan. The court concludes that the motion must be granted.

I

In John and Cydney Avery's earlier chapter 7 case, American Investment Financial ("AIF") filed a complaint objecting to...

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