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IN RE YADIDI

BAP No. CC-01-1106-KMoB. Bankruptcy No. LA 00-12727 TD. Adversary No. LA 00-10744 TD.

274 B.R. 843 (2002)

In re Moeiz YADIDI, Debtor. Moeiz Yadidi, Appellant, v. Linda Herzlich, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 26, 2002.

Attorney(s) appearing for the Case

Kianoosh Massiri, Van Nuys, CA, for Moeiz Yadidi.

Allen Herzlich, Encino, CA, for Linda Herzlich.

Before KLEIN, MONTALI and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

Following trial on an objection to discharge, the court sua sponte denied discharge under 11 U.S.C. § 105 instead of ruling on what it deemed a deficient complaint under 11 U.S.C. § 727. We VACATE the order denying discharge as neither a necessary nor an appropriate application of § 105 and REMAND for findings on the § 727 issues, noting that Federal Rule of Civil Procedure 15(b) applies to fill...

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