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IN RE CHARLES

BAP No. AZ-81-1257-GKE, Bankruptcy No. B 80-01247-PHX-Y, Adversary No. 81-57.

25 B.R. 331 (1982)

In re Roy CHARLES, Trustee; Tadeusz Kazimierz Zakrzewski, and Andrea Vilma Zakrzewski, Debtors. Roy CHARLES, Trustee; Tadeusz Kazimierz Zakrzewski and Andrea Vilma Zakrzewski, Appellants, v. CARTER SHIELDS, INC., a Wisconsin corporation; The Valley National Bank of Arizona, and Walter J. Gorczynski, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 1, 1982.

Attorney(s) appearing for the Case

Amil J. Ajamie, Phoenix, Ariz., for appellants.

Redfield T. Baum, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, David Brnilovich, Alton, Edwards & Novak, Cameron Morgan, Bayham & Gutterman, Phoenix, Ariz., for appellees.

Before GEORGE, KATZ, and ELLIOTT, Bankruptcy Judges.

OPINION

GEORGE, Bankruptcy Judge:

I. BACKGROUND

There is no factual dispute in this matter. Prior to May 1980, each of the appellees obtained judgments against the debtors, which were subsequently recorded as liens against the Zakrzewskis' real property, in accordance with Arizona law. On May 21, 1980, however, the Zakrzewskis filed a homestead declaration on their residence and, on June 17, 1980, they filed a petition under Chapter 13 of the Bankruptcy...

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