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IN RE BARTEE

BAP No. EC-03-1399-PMaMo. Bankruptcy No. 03-23700-C-7.

317 B.R. 362 (2004)

In re Lin M. BARTEE and Christine J. Wenger-Bartee, Debtors. Lin M. Bartee; Christine J. Wenger-Bartee, Appellants, v. Gerald I. Ainsworth, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed October 25, 2004.

Ordered Published November 19, 2004.

Attorney(s) appearing for the Case

Christine J. Wenger-Bartee, Grass Valley, CA, Pro se Appellant.

J. Russell Cunningham, Desmond, Nolan, Livaich & Cunningham, Sacramento, CA, for Gerald I. Ainsworth.

Before PERRIS, MARLAR and MONTALI, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

This is an appeal from an order denying debtors' motion to dismiss their voluntary chapter 71 bankruptcy case. We AFIRM.

FACTS

Lin M. Bartee and Christine J. Wenger-Bartee ("debtors") filed a chapter 7 petition. The § 341(a) meeting was set for May 12, 2003, but debtors failed to appear.

On June 2, 2003, Gerald I. Ainsworth ("the trustee") filed an Initial Report...

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