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MATTER OF VANCE

No. 83-3686.

721 F.2d 259 (1983)

In the Matter of Stephen R. VANCE, Jeanne F. Vance, Debtors. VALLEY BANK, An Idaho Banking Corporation, Plaintiff-Appellant, v. Stephen R. VANCE and Jeanne F. Vance, Husband and Wife, Defendants, and L.D. Fitzgerald, Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 28, 1983.

Attorney(s) appearing for the Case

Steven A. Hoskins, Idaho Falls, Idaho, for plaintiff-appellant.

James Pappas, Pocatello, Idaho, W. Lynn Hossner, St. Anthony, Idaho, for defendant-appellee.

Before BROWNING, HUG, and TANG, Circuit Judges.

HUG, Circuit Judge:

I

OVERVIEW

The Vances filed for bankruptcy on January 29, 1982. Valley Bank ("Bank") filed a complaint in bankruptcy court to remove the automatic stay so it could foreclose its security interest in a 1977 utility trailer. The trustee counterclaimed that the Bank's security interest was void as a preference under 11 U.S.C. § 547 within ninety days of the bankruptcy filing. The bankruptcy court, 22 B.R. 26...

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