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IN RE HICKMAN

BAP No. SC-07-1422-KMkDo. Bankruptcy No. 07-02628.

384 B.R. 832 (2008)

In re Randall M. HICKMAN, Debtor. Randall M. Hickman, Appellant, v. Linda Hana; A.A. Perlmutter; Gerald Davis, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 20, 2008.

Attorney(s) appearing for the Case

Ronald M. Toigo, Pacific Law Center, La Jolla, CA, for Randall M. Hickman.

David J. Fillerup, Paradise, CA, for Gerald Davis, Ch. 7 Trustee.

Before: KLEIN, MARKELL, and DONOVAN, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

The chapter 7 debtor, who developed "buyer's remorse" when the trustee and creditors became aggressive, appeals the denial of his motion to dismiss his case. He contends his desire to return to state court and exercise his Seventh Amendment jury trial right against a creditor who sued him in bankruptcy trumps the effect of his having invoked equity by filing bankruptcy and provides...

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