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IN RE ROBERTS

BAP No. ID-04-1566-BuBMo, Bankruptcy No. 02-00252, Adversary No. 02-06089.

331 B.R. 876 (2005)

In re Kenneth and Laura ROBERTS, Debtors. Kenneth R. Roberts, Appellant, v. James F. Erhard, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted on August 5, 2005.

Filed — September 29, 2005.

Attorney(s) appearing for the Case

Randal J. French, Bauer & French, Boise, ID, for Kenneth R. Roberts.

Howard R. Foley, Foley, Freeman, Borton & Stern, Meridian, ID, for James F. Erhard.

Before: BUFFORD, BRANDT and MONTALI, Bankruptcy Judges.

OPINION

BUFFORD, Bankruptcy Judge.

I. Introduction

Appellant Kenneth R. Roberts ("Roberts") raises two issues on appeal. First, he argues that the bankruptcy court should have dismissed the complaint filed by James F. Erhard ("Erhard") objecting to his discharge for failure to serve it timely, even though he never raised this issue in the trial court. Second, Roberts asks us to find that the bankruptcy court erred in holding that Roberts is not...

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