Treiger

Shulkin Hutton, Inc. v. Treiger

Good Law
552 F.3d 958
United States Court of Appeals for the Ninth CircuitDecember 31, 200807-35634California1,022 words

Opinion

Opinion

Gould, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on December 31, 2008, 2008 WL 5413313 , is AMENDED as follows.

First, the last two sentences before Section II, originally:

Second, the last sentence before Section III, originally:

Shall be replaced by the following:

Third, the first sentence of the second paragraph in Section III, originally:

Shall be replaced by the following:

IT IS SO ORDERED.

OPINION

Shulkin Hutton, Inc., P.S. (“Shulkin Hutton”), a law firm creditor of debtor J’Amy Lynn Owens, appeals the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s dismissal of Owens’ Chapter 11 case. We conclude that the bankruptcy court did not abuse its discretion in dismissing Owens’ case rather than converting it to Chapter 7, and we affirm.

I

J’Amy Owens and Ken Treiger were married in 1997 and bought a home (“Ma-plewood”) on Maplewood Place in Seattle using community assets. The couple separated in 2000 and received a final divorce decree on June 19, 2002.

Prior to the divorce decree, Treiger filed for Chapter 13 bankruptcy, later converted to Chapter 7. In an adversary proceeding filed against Owens by the trustee,…

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