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IN RE ETCHEVERRY

Nos. Civ.A. 98-D-1345, 97-28659 RJB.

242 B.R. 503 (1999)

In re Aurielio ETCHEVERRY, Debtor. Barbara A. Shangraw, United States Trustee, Plaintiff/Appellant, v. Aurielio Etcheverry, Defendant/Appellee.

United States District Court, D. Colorado.

December 22, 1999.

Attorney(s) appearing for the Case

Leo M. Weiss, Denver, CO, for plaintiff.

Herbert A. Delap, Denver, CO, for defendant.

MEMORANDUM OPINION & ORDER

DANIEL, District Judge.

I. BACKGROUND

This matter is before the Court on Trustee/Appellant's appeal of an Order entered by the United States Bankruptcy Court for the District of Colorado ("Bankruptcy Court") on August 11, 1997, wherein the Bankruptcy Court denied the Appellant's Motion to Dismiss pursuant to 11 U.S.C. § 707(a). The Trustee/Appellant ("Trustee") timely filed a notice of appeal1...

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