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IN RE CHERRETT

No. 14-60079.

873 F.3d 1060 (2017)

IN RE Paul Richard CHERRETT; Colleen Courtney Cherrett, Debtors, Aspen Skiing Company, Appellant, v. Paul Richard Cherrett; Colleen Courtney Cherrett; Art Cisneros, Chapter 7 Trustee, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2017.

Attorney(s) appearing for the Case

Scott Talkov (argued) and Michael G. Kerbs , Reid & Hellyer APC, Riverside, California, for Appellant.

Kathleen J. McCarthy (argued) and Thomas H. Casey , Law Office of Thomas H. Casey Inc., Rancho Santa Margarita, California; Leslie Keith Kaufman , Law Offices of Kaufman & Kaufman, Santa Ana, California; for Appellees.

Dissent by Judge Nguyen.

OPINION

This case calls for the court to decide whether a housing loan, made by an employer to an employee as a key part of a compensation package, qualified as a non-consumer debt. If the loan was a non-consumer debt, the bankruptcy court properly denied Aspen Skiing Company's motion to dismiss the Cherretts'...

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