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IN RE KRSM PROPERTIES, LLC

BAP No. CC-04-1113-KMAN, BAP No. CC-04-1191-KMAN, Bankruptcy No. RS 03-22439-MJ.

318 B.R. 712 (2004)

In re KRSM PROPERTIES, LLC, Debtor. Michael Gilliam; Stella Gilliam, Appellants, v. Steven M. Speier, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed — December 1, 2004.

Attorney(s) appearing for the Case

Fred M. Cohen, Ontario, CA, for Michael and Stella Gilliam.

Mark C. Schnitzer, Reid & Hellyer, Riverside, CA, for Steven M. Speier, Chapter 7 Trustee.

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

Argued and Submitted on October 20, 2004 at Pasadena, California.

OPINION

KLEIN, Bankruptcy Judge.

This appeal turns on differences between a limited liability company (LLC) and a sole proprietorship. The sole owners of the debtor, a California LLC, appeal orders requiring tax collectors to refund to the LLC's chapter 7 trustee LLC funds that were used to make estimated tax payments on behalf of the individual owners. Reasoning that the LLC, unlike...

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