In Re Steven John Duell, Debtor. Steven John Duell v. State of Utah Sylvia M. Atencio

76 F.3d 385 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Steven John DUELL, Debtor. Steven John DUELL, Appellant, v. STATE OF UTAH; Sylvia M. Atencio, Appellees. No. 95-16672. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 26, 1996. Before: ALARCON, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Chapter 7 debtor Steven John Duell appeals the Bankruptcy Appellate Panel's (BAP) decision affirming the bankruptcy court's dismissal of Duell's adversary proceeding to determine the dischargeability of a Utah state court child support judgment under 11 U.S.C. § 523 (a)(5). Duell contends that the bankruptcy court erred by (1) abstaining from determining the issue of paternity and staying the adversary proceeding until after Duell obtained a paternity determination from the state court, and (2) dismissing the proceeding for failure to prosecute after Duell refused to litigate the paternity issue in state court. We have…