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IN RE NELSON

BAP Nos. CC-08-1001-PaPeK, CC-08-1003-PaPeK, CC-08-1004-PaPeK. Bankruptcy No. SA 07-12744-RK. Adversary No. SA 07-01373-RK.

391 B.R. 437 (2008)

In re Dennis Gregory NELSON and Barbara Bacon Nelson, Debtors. Dennis Gregory Nelson and Barbara Bacon Nelson, Appellants, v. George Wong Pension Trust; American Mortgage Services; Amrane Cohen, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 26, 2008.

Attorney(s) appearing for the Case

G. Thomas Leonard, Fullerton, CA, for Appellants, Dennis and Barbara Nelson.

David Brian Lally, Law Office of David Brian Lally Aliso Viejo, CA, for Appellees, George Wong Pension Trust.

Before: PAPPAS, PETERSON and KLEIN, Bankruptcy Judges.

OPINION

PAPPAS, Bankruptcy Judge:

These related appeals require us to consider whether there is ambiguity in the provision of 11 U.S.C. § 362(c)(4)(A)(i)2 such that the automatic stay is not automatically in effect upon the filing of a third case by individual debtors who have been debtors in two prior cases within the previous year. The bankruptcy court entered two orders under § 362(c)(4)(A)(ii) confirming that no...

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