Opinion
No. 04-55107.
Argued and Submitted October 21, 2005.
Filed October 31, 2005.
Brian M. Mahoney, American Debt Relief, San Diego, CA, for the appellant.
Timothy M. Barry, Senior Deputy County Counsel, San Diego, CA, for the appellee.
Appeal from the Ninth Circuit, Bankruptcy Appellate Panel Marlar, Ryan, and Baum, Bankruptcy Judges, Presiding. BAP No. SC-03-01098-BaRyMa.
This is an appeal from the judgment of the Bankruptcy Appellate Panel ("BAP"), Tax Collector v. Pluma (In re Pluma), 303 B.R. 444 (9th Cir. BAP 2003), reversing the judgment of the bankruptcy court, see In re Pluma, 289 B.R. 151 (Bankr.S.D.Cal. 2003). We affirm the judgment of the BAP for the reasons stated in its opinion, 303 B.R. 444, supra, and remand to the bankruptcy court for further proceedings.
We deny appellee's motion to dismiss the appeal.