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IN RE WARDROBE

No. 07-16635.

559 F.3d 932 (2009)

In the Matter of John Harvey WARDROBE; Theresa Rose Wardrobe, Debtors, Susan Griffin, Appellant, v. John Harvey Wardrobe; Theresa Rose Wardrobe, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2009.

Attorney(s) appearing for the Case

John Bartlett, Carson City, NV, for the appellant.

J. Craig Demetras, Demetras & O'Neil, Reno, NV, for the appellee.

Before: ALFRED T. GOODWIN, MARY M. SCHROEDER and MICHAEL DALY HAWKINS, Circuit Judges.

OPINION

GOODWIN, Circuit Judge:

Susan Griffin sued John Wardrobe, a building contractor, and his bonding companies, for breach of contract after a disappointing home repair job. Three days before the trial was to begin in the Nevada state court, the contractor filed for Chapter 13 bankruptcy, which was converted to Chapter 7, and obtained the statutory automatic stay of the litigation pending in state court.

Griffin then filed a motion in the bankruptcy...

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