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IN RE ELLSWORTH

BAP No. AZ-10-1253-MkMaD. Bankruptcy No. 07-00986-CGC.

455 B.R. 904 (2011)

In re Kenneth K. ELLSWORTH and Jessica T. Ellsworth, Debtors. Kenneth K. Ellsworth; Jessica T. Ellsworth, Appellants, v. Lifescape Medical Associates, P.C.; Edward J. Maney, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 29, 2011.

Attorney(s) appearing for the Case

Tracy S. Essig of the Law Office of Tracy S. Essig, PLC argued for appellants.

Joseph E. Cotterman of Gallagher & Kennedy, P.A. argued for appellee LifeScape Medical Associates, P.C.

Before: MARKELL, MANN and DUNN, Bankruptcy Judges.

OPINION

MARKELL, Bankruptcy Judge.

INTRODUCTION

Doctor Jessica Ellsworth, M.D., and Kenneth Ellsworth (jointly, the "Ellsworths") appeal the bankruptcy court's order granting the motion of Lifescape Medical Associates, P.C. ("Lifescape") to dismiss the Ellsworths' chapter 131 bankruptcy case with prejudice. The Ellsworths have not established that the bankruptcy court abused its discretion in dismissing their case with...

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