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IN RE BENNETT

Bankruptcy No. 81-9005.

21 B.R. 440 (1982)

In re Richard Henry BENNETT, Jr. and Rita Ann Bennett, Debtors. Richard Henry BENNETT, Jr. and Rita Ann Bennett, Plaintiffs, v. RAINIER NATIONAL BANK, Defendant. Appeal of Richard Henry BENNETT, Jr. and Rita Ann Bennett.

Bankruptcy Appellate Panel for the First Circuit.

July 9, 1982.

Attorney(s) appearing for the Case

Riemer & Braunstein by Charles R. Bennett, Jr., Boston, Mass., for appellants.

Lappin, Rosen, Goldberg, Slavet, Levenson & Wekstein by Jerome E. Rosen, Boston, Mass., for appellee.

Before CYR, C.J. and VOTOLATO and JOHNSON, JJ.

PER CURIAM:

Debtors, Richard H. and Rita A. Bennett, appeal an order of the bankruptcy court denying them their claimed right to avoid a nonpossessory, nonpurchase-money security interest in a Baldwin Baby Grand Piano and relieving the Rainier National Bank [Rainier] from the 11 U.S.C. § 362(a) automatic stay.

In their joint Chapter 7 petition the debtors claimed the piano as exempt property. Rainier was scheduled as a secured creditor with a claim in...

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