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IN RE WEIMAN

BAP No. CC-81-1031-KHV.

22 B.R. 49 (1982)

In re Robert Joseph WEIMAN, aka R.J. Weiman and Melody Pat Weiman, aka Melody Pat Stanford, Debtors. Robert Joseph WEIMAN, aka R.J. Weiman and Melody Pat Weiman, aka Melody Pat Stanford, Appellant, v. Robert H. STOPHER, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided July 14, 1982.

Attorney(s) appearing for the Case

Susan B. Jacobs, Napa, Cal., for appellant.

Robert H. Stopher, Santa Ana, Cal., for appellee.

Before KATZ, HUGHES and VOLINN, Bankruptcy Judges.

OPINION

HUGHES, Bankruptcy Judge:

The debtors have appealed an order holding that their home, although exempt from property of the estate, was subject to a continuing lien in favor of the trustee in bankruptcy.

The exemption claim was based on California Code of Civil Procedure § 690.31. The claim of lien was based on 11 U.S.C. § 544(a)(1). The order appealed provides that the trustee may enforce the lien if and when the debtors sell or...

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