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IN RE GAYTON

BAP No. CC-85-1348-VAbM, Bankruptcy No. SB 85-02297-DN.

61 B.R. 612 (1986)

In re Eugene GAYTON and Carolyn Walker Gayton, Debtors. Eugene GAYTON and Carolyn Walker Gayton, Appellants, v. Shannon HANEY, Chapter 13 trustee, Appellee.

United States Bankruptcy Appellate Panels, of the Ninth Circuit.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Douglas Booth, Los Angeles, Cal., for appellants.

Shannon Haney, Santa Ana, Cal., for appellee.

Before VOLINN, ABRAHAMS and MEYERS, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

The debtors, Eugene and Carolyn Gayton, appeal the bankruptcy court's dismissal of their Chapter 13 case.1

The sole issue on appeal is whether the bankruptcy court erred by holding that Eugene Gayton's prior Chapter 7 bankruptcy, which resulted in a discharge in a case commenced within six years before the date of the filing of the petition, prevented confirmation of the 31 percent Chapter...

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