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IN RE HOWES

Bankruptcy No. LA 86-09248 SB, BAP No. CC-87-2058 VPMe.

89 B.R. 77 (1988)

In re B. Durward HOWES, Debtor. IMPERIAL BANK, Appellant, v. Davis T. PILLSBURY, Cynthia M. Howes, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

August 10, 1988.

Attorney(s) appearing for the Case

Gary Owen Caris, Frandzel & Share, Los Angeles, Cal., for appellant.

Arnold L. Kupetz, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, Cal., for appellees.

Before VOLINN, PERRIS and MEYERS, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge.

Imperial Bank, a creditor with a judgment lien against debtor's residence, appeals the bankruptcy court's "Order Granting Application to Enter into New Early Possession Agreement and to Modify Consulting Agreement" ("the Order"). The dispute concerns the proper classification and disposition of $50,000 to be paid to the debtor and his non-debtor spouse by the purchasers of their home for surrender of the residence before...

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