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IN RE BOGANSKI

BAP No. NV-04-1148-BSBu. Bankruptcy No. S-02-20456-VJ. Adversary No. 03-1200-VJ.

322 B.R. 422 (2005)

In re Thomas R. BOGANSKI, Debtor, Rick A. Yarnall, (Successor) Chapter 13 Trustee, Appellant, v. Four Aces Emporium, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 14, 2005.

Ordered Published March 3, 2005.

Attorney(s) appearing for the Case

Christopher P. Burke, Las Vegas, NV, for Kathleen McDonald, Ch. 13 Trustee.

Steven B. Glade, Las Vegas, NV, for Four Aces Emporium, Inc.

Before BRANDT, SMITH and BUFFORD, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

Several weeks before filing for relief under chapter 13 of the Bankruptcy Code, 11 U.S.C, debtor borrowed $500 from a payday loan business. The lender's employee manually adjusted the term of the loan agreement but neglected to adjust the annual percentage rate ("APR") accordingly. The initial chapter 13 trustee, Kathleen McDonald2 ("trustee") filed a proof of claim for the lender and then filed...

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