IN RE CHERRETT

BAP No. CC-14-1056-DKiTa. Bankruptcy No. RS 13-24792-SC.

523 B.R. 660 (2014)

In re Paul Richard CHERRETT and Colleen Courtney Cherrett, Debtors. Aspen Skiing Company, Appellant, v. Paul Richard Cherrett; Colleen Courtney Cherrett; Art Cisneros, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel for the Ninth Circuit.

Filed November 7, 2014.

As Corrected November 18, 2014.


Attorney(s) appearing for the Case

Appearances: Scott H. Talkov of Reid & Hellyer, Riverside, CA, appeared and argued for appellant Aspen Skiing Co.; Kathleen J. McCarthy of the Law Office of Thomas H. Casey, Inc. appeared and argued and Leslie Keith Kaufman of Kaufman & Kaufman, Santa Ana, CA, appeared for the appellees Paul and Colleen Cherrett.

Before: DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges.


OPINION

Appellant Aspen Skiing Company ("Aspen") appeals the bankruptcy court's order denying its motion to dismiss Paul and Colleen Cherretts' (the "Cherretts") chapter 7 case under § 707(b)(1) based on its finding and conclusion that the Cherretts' debts were not primarily consumer debts.

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