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IN RE CEDAR FUNDING, INC.

BAP No. NC-09-1066-JuBaD. Bankruptcy No. 08-52709. Adversary No. 08-05312.

419 B.R. 807 (2009)

In re CEDAR FUNDING, INC., Debtor. David A. Nilsen, Appellant, v. R. Todd Neilson, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 16, 2009.

Attorney(s) appearing for the Case

David A. Nilsen, Monterey, CA, Pro se Appellant.

Cecily A. Dumas, Freidman Dumas & Springwater, LLP, San Francisco, CA, for Todd Neilson.

Before: JURY, BAUM and DUNN, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Appellant David A. Nilsen ("Nilsen") appeals the bankruptcy court's order dismissing his postpetition complaint against the chapter 11 trustee R. Todd Neilson for alleged defamatory statements about Nilsen made during Cedar Funding, Inc.'s ("CFI") bankruptcy proceeding.

This appeal raises two closely related questions, either of which, if answered in the affirmative, would preclude liability against the trustee as...

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