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IN RE RENNER

No. 86-2078.

822 F.2d 878 (1987)

In re: Aubrey Lee RENNER and Gertrude Renner, dba Renner Irrigation Company, Debtors. Aubrey Lee RENNER and Gertrude Renner, dba Renner Irrigation Company, Plaintiffs/Counterdefendants/Appellants, v. STATE OF ARIZONA DEPARTMENT OF ECONOMIC SECURITY; Vets Industrial Supply Co., a California corp.; Waterman Industries, Inc.; Edwin Nick Cleckler; Lynn Naomi Cleckler; State of Arizona Department of Revenue; Arizona Department of Economic Security; James Judd, as Sheriff of Cochise County, Defendants-Appellees, and Don Sanderson Ford, an Arizona corporation, Defendant/Counterclaimant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1987.

Attorney(s) appearing for the Case

William J. Redondo, Tucson, Ariz., for plaintiffs/counterdefendants/appellants Renners.

Jon C. Dake, Phoenix, Ariz., for defendant/counterclaimant/appellee Don Sanderson Ford.

Before FLETCHER, BEEZER and THOMPSON, Circuit Judges.

BEEZER, Circuit Judge:

Aubrey and Gertrude Renner (debtors) appeal from the judgment of the Bankruptcy Appellate Panel (BAP) invalidating Gertrude Renner's declaration of homestead. Under Arizona law, a declaration of homestead must be signed by both spouses. The BAP concluded that the debtors' declaration was defective because only Ms. Renner signed it. We affirm.

I

BACKGROUND

The debtors were married for approximately 40 years before...

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