IN RE POLK

BAP No. AZ-86-1659-MeAsJ, Bankruptcy No. B85-01267 PHX RGM.

76 B.R. 148 (1987)

In re Hammond A. POLK and Barbara Polk, Debtor. FORD MOTOR CREDIT COMPANY, Appellant, v. Hammond A. POLK and Barbara Polk, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided May 29, 1987.


Attorney(s) appearing for the Case

John J. Herbert, Beus, Gilbert, Wake & Morrill, Phoenix, Ariz., for appellant.

Hammond A. Polk, Barbara Polk, Tempe, Ariz., for appellees.

Before MEYERS, ASHLAND and JONES, Bankruptcy Judges.


OPINION

MEYERS, Bankruptcy Judge:

FACTS

Hammond and Barbara Polk ("Debtors") filed a joint bankruptcy petition under Chapter 7 of the Bankruptcy Code ("Code") on May 3, 1985. The Appellant, Ford Motor Credit Company ("Ford"), held a perfected purchase money security interest in Hammond Polk's automobile. On July 11, 1985, the parties entered into an agreement whereby Hammond Polk reaffirmed the full amount of his obligation to Ford. Since the Debtors...

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