IN RE SMITH

BAP No. AZ-02-1399-PBRy. Bankruptcy No. 95-06077-PHX-RTB. Adversary No. 00-539.

293 B.R. 220 (2003)

In re James M. SMITH, Debtor. James M. Smith, Appellant, v. Sidney Lachter; Sandra Lachter, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 23, 2003.


Attorney(s) appearing for the Case

Ronald J. Ellett, Ellett Law Offices, P.C., Phoenix, AZ, for James M. Smith.

Lawrence D. Hirsch, Hirsch Law Office, P.C., Scottsdale, AZ, for Sidney Lachter and Sandra Lachter.

Before PERRIS, BRANDT and RYAN, Bankruptcy Judges.


OPINION

PERRIS, Bankruptcy Judge.

The issue in this appeal is whether the bankruptcy court correctly concluded that Sidney and Sandra Lachter ("the Lachters"), holders of a prepetition state court judgment against debtor James M. Smith ("debtor"), timely renewed that judgment within the extended period permitted by § 108(c).1 The bankruptcy court erred in determining that the Lachters timely renewed the state court judgment...

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