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IN RE LATHROP MOBILE INVESTORS

BAP No. CC-85-1086, Bankruptcy No. SA 84-04600-RP.

55 B.R. 766 (1985)

In re LATHROP MOBILE INVESTORS aka Lathrop Investors, aka Lathrop Mobilehome Park, aka Camino Real Mobile Estates, Debtor. Appeal of UNITED STATES TRUSTEE FOR the CENTRAL DISTRICT OF CALIFORNIA.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided November 25, 1985.

Attorney(s) appearing for the Case

Harry L. Gastley, Asst. U.S. Trustee, Office of U.S. Trustee, Laguna Niguel, Cal., for appellant.

Before ABRAHAMS, VOLINN and MEYERS, Bankruptcy Judges.

OPINION

ABRAHAMS, Bankruptcy Judge:

This appeal raises questions as to the respective roles of the bankruptcy judge and the United States Trustee in the appointment process for a Chapter 11 trustee. We reverse because the trial court's decision required that the appointment be limited to members of a local Chapter 7 trustee panel. We also reverse because the trial court did not provide an opportunity for a hearing.

FACTS

At the hearing...

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