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IN RE KHAN

No. 15-60002, No. 15-60003, No. 15-60004, No. 15-60005, No. 15-60006, No. 15-60007.

846 F.3d 1058 (2017)

IN RE Zafar David KHAN, Debtor, Zafar David Khan, Appellant, v. Kenneth Barton; Thomas Burke; Nancy K. Curry, Chapter 13 Trustee, Appellees. In re Terrance Alexander Tomkow, Debtor, Terrance Alexander Tomkow, Appellant, v. Kenneth Barton, Appellee. In re Terrance Alexander Tomkow, Debtor, Terrance Alexander Tomkow, Appellant, v. Kenneth Barton, Appellee. In re Zafar David Khan, Debtor, Zafar David Khan, Appellant, v. Kenneth Barton, Appellee. In re Terrance Alexander Tomkow, Debtor, Terrance Alexander Tomkow, Appellant, v. Kenneth Barton, Appellee. In re Zafar David Khan, Debtor, Zafar David Khan, Appellant, v. Kenneth Barton, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2017.

Attorney(s) appearing for the Case

Lewis R. Landau (argued), Calabasas, California, for Appellants.

Patrick C. McGarrigle (argued) and Michael J. Kenney , McGarrigle Kenney & Zampiello APC, Chatsworth, California, for Appellees.

Partial Concurrence and Partial Dissent by Judge Rawlinson.

OPINION

Zafar David Khan and Terrance Alexander Tomkow (collectively "Debtors") appeal the judgment1 of the Bankruptcy Appellate Panel of the Ninth Circuit ("BAP"), which affirmed the decision of the bankruptcy court that the claim of Kenneth Barton was not subordinated pursuant to...

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