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IN RE PENA

BAP No. MB 07-059. Bankruptcy No. 04-19402-WCH. Adversary No. 05-01393-WCH.

397 B.R. 566 (2008)

Cotumanama PENA, Debtor. Cotumanama Pena, Plaintiff-Appellee, v. Myrta Gonzalez and Santos Gonzalez, Defendants-Appellants.

United States Bankruptcy Appellate Panel of the First Circuit.

December 12, 2008.

Attorney(s) appearing for the Case

Harold M. Gorach, on brief for Defendants-Appellants.

Gordon N. Schultz, on brief for Plaintiff-Appellee.

Before VOTOLATO, LAMOUTTE, and VAUGHN, United States Bankruptcy Appellate Panel Judges.

VOTOLATO, Bankruptcy Judge.

Contumanama Pena ("Appellee"), the Chapter 13 debtor, filed an adversary proceeding against Myrta Gonzalez and her father, Santos Gonzalez ("Appellants"). Appellants failed to answer the complaint, were defaulted, and their Emergency Motion to Vacate the Order of Default was denied. After an evidentiary hearing to determine and assess damages, the bankruptcy court issued a bench ruling on the merits ("Bench Ruling"), stating its findings...

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