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IN RE SHATTUCK

BAP No. CO-08-073. Bankruptcy No. 08-11329-SBB.

411 B.R. 378 (2009)

In re James Ronald SHATTUCK, officer, director, shareholder of Construction Specialists; officer, director, shareholder of Reflections Autowash, LLC; officer, director, shareholder of Sandstone Ridge Properties, LLC; officer, director, shareholder of Plan 4 Design, LLC, and Cynthia Joy Shattuck, also known as Cindy Shattuck, Debtors. James Ronald Shattuck and Cynthia Joy Shattuck, Appellants, v. Larry Bondurant, Reflections Autowash, LLC, Integra Holdings, LLC, a Connecticut Limited Liability Company, and Prospera, LLC, a Connecticut Limited Liability Company, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

July 29, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephen E. Berken and Stephen S. Chang of the Law Offices of Stephen Berken, Denver, CO, for Appellants.

Jan L. Hammerman, Centennial, CO, for Appellee Larry Bondurant.

Before CORNISH, Chief Judge, BOHANON and RASURE, Bankruptcy Judges.

OPINION

RASURE, Bankruptcy Judge.

Appellants James Ronald Shattuck and Cynthia Joy Shattuck (the "Shattucks") appeal the order granting the motion to dismiss their Chapter 13 case filed by Appellee Larry Bondurant ("Mr.Bondurant"), the state court appointed receiver for Reflections Autowash, LLC, an entity in which Mr. Shattuck was the sole member (the "LLC"). After an evidentiary hearing, the bankruptcy court concluded that the Shattucks' noncontingent...

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