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IN RE EVANS

BAP Nos. SC-82-1308-AsGE, SC-82-1307-AsGE BK Nos. 82-00908 M; 82-00718 K, Adv. Nos. C-82-0843 M-13, C82-0844 K-13.

30 B.R. 530 (1983)

In re Mark Stephens EVANS, Kathy Lynn Evans, aka Kathy Lynn Oxford, Debtors. ANAHEIM SAVINGS AND LOAN ASSOCIATION, Plaintiff, v. Mark Stephen EVANS and others, Defendants. In re Andrew Joseph JACKSON and Marie Jackson, Debtors. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Andrew Joseph JACKSON and others, Defendants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided May 6, 1983.

Attorney(s) appearing for the Case

Robert C. Harvey, Ronald Rus, Alvarado, Rus & McClellan, Orange, Cal., for appellant.

Neil G. Strachan, Strachan & Clements, San Diego, Cal., Thomas M. Lockhart, El Cajon, Cal., for appellee.

Before ASHLAND, GEORGE and ELLIOTT, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

Anaheim Savings & Loan (Anaheim) and Federal National Mortgage Association (FNMA) appeal from denial of their requests for relief from the stay imposed by 11 U.S.C. § 362.

The issue before the panel is whether the effect of confirmation of a Chapter 13 plan under 11 USC § 1327 bars a secured creditor from seeking relief from the stay of § 362 absent a...

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