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IN RE MALDONADO

BAP No. EC-83-1056-AbAsE, Bankruptcy No. 282-00950-W-13.

46 B.R. 497 (1984)

In re Ventura MALDONADO, Jr., Debtor.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided May 24, 1984.

Attorney(s) appearing for the Case

Robert S. Bardwil, a Member of Max Cline, P.C., Sacramento, Cal., for appellant.

Charles M. Gore, Stockton, Cal., for appellee.

Before ABRAHAMS, ASHLAND, and ELLIOTT, Bankruptcy Judges.

ABRAHAMS, Bankruptcy Judge.

The debtor appeals from an order allowing a claim as secured for the value of the collateral. We hold that California's Unruh Act creates an election of remedies so that a creditor loses all significant rights in the collateral by obtaining judgment for the value of household furnishings. We therefore reverse.

Background

The facts are agreed. The debtor-appellant bought carpeting...

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