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IN RE STERBA

BAP No. NC-13-1590-KuDJu. Bankruptcy No. 13-10245.

516 B.R. 579 (2014)

In re Richard STERBA and Olga Sterba, Debtors. Richard Sterba; Olga Sterba, Appellants. v. PNC Bank, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 27, 2014.

Attorney(s) appearing for the Case

Thomas P. Kelly, III , Santa Rosa, argued for appellants Richard Sterba and Olga Sterba; Douglas Provencher of Provencher & Flatt LLP, Santa Rosa, argued for appellee PNC Bank.

Before: KURTZ, DUNN and JURY, Bankruptcy Judges.

OPINION

KURTZ, Bankruptcy Judge.

INTRODUCTION

Chapter 71 debtors Richard and Olga Sterba appeal from an order overruling their objection to the proof of claim filed by PNC Bank. The Sterbas maintain that, under California law, PNC's claim was barred by the applicable four-year statute of limitations. The bankruptcy court held instead that Ohio law applied based upon the choice of law provision set forth in the promissory...

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