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In re: Elsie C. STINE, Debtor. v. Elsie C. Stine, Appellant-Appellee. John F. Flynn, Appellee-Appellant, No. 00-56834.

19 Fed.Appx. 626 (9th Cir. 2001) In re: Elsie C. STINE, Debtor. John F. Flynn, Appellee-Appellant, v. Elsie C. Stine, Appellant-Appellee. No. 00-56834. BAP No. CC-99-01780-RiPMa. United States Court of Appeals, Ninth Circuit. September 21, 2001

Submitted September 10, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Marlar, Perris, and Rimel, Bankruptcy Judges, Presiding.

Before HUG, PREGERSON, and WARDLAW, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

John F. Flynn appeals the decision of the Bankruptcy Appellate Panel ("BAP") reversing the bankruptcy court's decision denying Stine's motion for attorneys fees pursuant to 11 U.S.C. § 523(d). We have jurisdiction pursuant to 28 U.S.C. § 158(d).

We review for an abuse of discretion an award of attorneys fees pursuant to 11 U.S.C. § 523(d). First Card v. Hunt, (In re Hunt), 238 F.3d 1098, 1101 (9th Cir.2001).

We affirm for the reasons stated by the BAP in its October 4, 2000, order.

AFFIRMED.

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In re Stine
(Sep 21, 2001)