IN RE BROOKS

BAP No. WW 8-1321-AsEMe, Bankruptcy No. 86-00062.

79 B.R. 479 (1987)

In re Elna Kay BROOKS, Debtor. WASHINGTON MUTUAL SAVINGS BANK, Appellant, v. Nancy JAMES, Trustee, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 8, 1987.


Attorney(s) appearing for the Case

Susan G. Loitz, Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., for appellant.

Kathryn E. Cashin, Davis, Wright & Jones, Seattle, Wash., for appellee.

Before ASHLAND, ELLIOTT, and MEYERS, Bankruptcy Judges.


OPINION

ASHLAND, Bankruptcy Judge:

Washington Mutual Savings Bank appeals from an order voiding its interest in the debtor's real property. We must decide whether the re-recording of a deed of trust which technically violated the stay imposed by Bankruptcy Code § 362 in a husband's bankruptcy may, on that ground, be avoided by the trustee in a wife's subsequent bankruptcy. We hold that the lien may not be avoided and reverse.

FACTS

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