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IN RE BUSCH

BAP No. UT-02-087. Bankruptcy No. 02T-27006.

294 B.R. 137 (2003)

In re Jay BUSCH, Debtor. Jay Busch, Appellant, v. Cindy Busch, also known as Cindy Hancock, and Kevin R. Anderson, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 6, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Scott B. Mitchell, Salt Lake City, Utah, for Appellant.

Steven C. Tycksen (S. Dayn Kelson with him on the brief), of Zoll & Tycksen, L.C., Murray, Utah, for Appellee Cindy Busch.

Before PUSATERI, CORNISH, and NUGENT, Bankruptcy Judges.

OPINION

CORNISH, Bankruptcy Judge.

Jay Busch appeals an Order of the United States Bankruptcy Court for the District of Utah that granted a Motion for Relief From Stay made by Appellee, Cindy Busch.2 Jay Busch argues that the bankruptcy court abused its discretion when it lifted the stay to permit a Utah state court to determine whether his failure to pay a second mortgage as required...

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