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IN RE ARNESON

BAP No. NV-01-1493-KRyB. Bankruptcy No. 01-32588-GWZ.

282 B.R. 883 (2002)

In re Jeffrey Alan ARNESON, Debtor. Jeffrey Alan Arneson, Appellant, v. Farmers Insurance Exchange, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 30, 2002.

Attorney(s) appearing for the Case

Lawrence L. Lozensky, Zephyr Cove, NV, for Appellant.

Jonathan King, Reno, NV, for Appellee.

Before KLEIN, RYAN, and BRANDT, Bankruptcy JJ.

OPINION

KLEIN, Bankruptcy Judge.

The issue is whether a debtor can attack a judgment of nondischargeability rendered in a prior bankruptcy on a theory that the court of appeals erroneously failed to vacate the judgment when it dismissed the debtor's appeal after the underlying bankruptcy case was dismissed.

We conclude that it is up to the parties to request vacatur in the original appeal and that the judgment...

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