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IN RE THEOBALD

BAP No. NM-97-071, Bankruptcy No. 97-12728.

218 B.R. 133 (1998)

In re Carl Richard THEOBALD and Connie Louise Theobald, Debtors. GREEN TREE FINANCIAL SERVICING CORP., Appellant, v. Carl Richard THEOBALD and Connie Louise Theobald, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 2, 1998.

Attorney(s) appearing for the Case

Daniel E. Duncan, Duncan Law Offices, P.C., Albuquerque, NM, for Appellant.

Robert L. Finch, Farmington, NM, for Appellees.

Before PEARSON, BOULDEN, and CORNISH, Bankruptcy Judges.

OPINION

BOULDEN, Bankruptcy Judge.

Green Tree Financial Servicing Corporation (Green Tree) sought a court order to require the debtors to execute and deliver a Special Warranty Deed and Estoppel Affidavit in order to effectuate the debtors' intention to surrender a mobile home. The Bankruptcy Court denied the motion. For the reasons set forth below, we affirm.1

I. Background

Carl Richard Theobald...

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