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IN RE REX KING PROPERTIES & INVESTMENTS, INC.

BAP No. CC-82-1146-GVH, Bankruptcy No. SA 81-01375 AP, Adv. Nos. SA 81-0707 AP, SA 81-0665 AP.

32 B.R. 397 (1983)

In re REX KING PROPERTIES & INVESTMENTS, INC., Debtor. J.W. LENNEY, Plaintiff/Appellee, v. REX KING, LTD. NO. 51, a limited partnership, et al., Defendants, and Bert S. Kosut & W. Jane Kosut, Real Parties in Interest and Appellants. LAGUNA FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff/Appellee, v. REX KING, LTD. NO. 49, a limited partnership, et al., Defendants, and Bert S. Kosut & W. Jane Kosut, Real Parties in Interest and Appellants.

United States Bankruptcy Appellate Panels for the Ninth Circuit.

Decided August 23, 1983.

Attorney(s) appearing for the Case

Kenneth E. Hagen, Fullerton, Cal., for real parties in interest and appellants.

John E. Barnett, Stodd & Barnett, Santa Ana, Cal., for plaintiffs/appellees.

Before GEORGE, VOLINN and HUGHES, Bankruptcy Judges.

GEORGE, Bankruptcy Judge:

Appeal has been taken from a judgment of the lower court holding that attorneys' fees and costs, incurred by secured creditors in seeking relief from the automatic stay herein, became a lien against the real property securing their debt and they had to be paid by the appellants in curing the default on these obligations. We AFFIRM.

I. BACKGROUND

Prior to the filing of its petition under Chapter 11 of the Bankruptcy Code...

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