IN RE LUMB

BAP No. EP 08-066. Bankruptcy No. 01-21536-JBH. Adversary No. 08-02029-JBH.

401 B.R. 1 (2009)

William B. LUMB, Debtor. William B. Lumb, Plaintiff-Appellant, v. Nahabet Cimenian, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

February 23, 2009.


Attorney(s) appearing for the Case

Joseph L. Goodman, Esq., on brief for Plaintiff-Appellant.

George Georgountzos, Esq., on brief for Defendant-Appellee.

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


PER CURIAM.

William B. Lumb (the "Debtor") appeals from a bankruptcy court order (the "Order") granting defendant Nahabet Cimenian's ("Cimenian") motion to dismiss the Debtor's complaint for failure to state a claim upon which relief may be granted. Cimenian has moved for fees and costs for a frivolous appeal. For the reasons set forth below, we REVERSE the Order and DENY Cimenian's motion for costs and fees.

BACKGROUND

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