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IN RE SOBCZAK

BAP No. 06-1397-BrMoPa, Bankruptcy No. 06-00030-RJH.

369 B.R. 512 (2007)

In re Scott J. SOBCZAK, Debtor. Russell A. Brown, Chapter 13 Trustee, Appellant, v. Scott J. Sobczak, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed May 11, 2007.

Attorney(s) appearing for the Case

Scott A. Lieske, Esq., Phoenix, AZ, for Appellant.

Michael Reddig, Esq., Flagstaff, AZ, for Appellee.

Before BROWN, MONTALI and PAPPAS, Bankruptcy Judges.

OPINION

BROWN, Bankruptcy Judge.

This appeal arises from the bankruptcy court's order granting Debtor-Appellee's motion to dismiss his chapter 13 case.2 For the reasons set forth below we REVERSE the bankruptcy court's order granting Debtor-Appellee's motion to dismiss.

I. FACTS

Appellee filed a voluntary chapter 7 petition on March 12, 2006. He scheduled a single parcel of real property, his residence, located...

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