Griffin

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In the Matter of: JOHN HARVEY 

WARDROBE; THERESA ROSE

WARDROBE,

Debtors, No. 07-16635

SUSAN GRIFFIN,  BAP No.

NV-06-01451-DES

Appellant,

OPINION

v.

JOHN HARVEY WARDROBE; THERESA

ROSE WARDROBE

Appellees.  Appeal from the Ninth Circuit Bankruptcy Appellate Panel Dunn, Efremsky and Smith, Bankruptcy Judges, Presiding

Argued and Submitted February 13, 2009—San Francisco, California

Filed March 16, 2009

Before: Alfred T. Goodwin, Mary M. Schroeder and Michael Daly Hawkins, Circuit Judges.

Opinion by Judge Goodwin

3389

IN THE MATTER OF WARDROBE 3391

COUNSEL

John Bartlett, Carson City, Nevada, for the appellant.

J. Craig Demetras, Demetras & O’Neil, Reno, Nevada, for the appellee. 3392 IN THE MATTER OF WARDROBE

OPINION

GOODWIN, Circuit Judge:

Susan Griffin sued John Wardrobe, a building contractor, and his bonding companies, for breach of contract after a dis- appointing home repair job. Three days before the trial was to begin in the Nevada state court, the contractor filed for Chap- ter 13 bankruptcy, which was converted…