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IN RE MONTANO

BAP No. NC-12-1579-PaDJu Bankruptcy No. 10-71788 Adversary No. 11-04008

501 B.R. 96 (2013)

In re Jesus Edgar MONTANO, Debtor. Heritage Pacific Financial, LLC, Appellant, v. Jesus Edgar Montano, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 1, 2013.

Attorney(s) appearing for the Case

Brad A. Mokri , argued, Santa Ana, CA, for appellant Heritage Pacific Financial, LLC; Tess Meyers Santiago, argued, for appellee Jesus Edgar Montano.

Before: PAPPAS, DUNN and JURY, Bankruptcy Judges.

OPINION

PAPPAS, Bankruptcy Judge.

Creditor Heritage Pacific Financial, LLC ("Heritage") appeals the decisions of the bankruptcy court: (1) granting a summary judgment dismissing Heritage's § 523(a)(2) complaint against chapter 71 debtor Jesus Edgar Montano ("Montano") because enforcement of its claim was barred by Cal.Code Civ. Proc. § 726(f) and (g);2

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