IN RE ROSSI

BAP Nos. CC-87-1382 JVMe, CC-87-1428 JVMe, Bankruptcy Nos. LA 85-00866 NCA, LA 85-09868 NCA and LA 85-00815 NCA, Adv. No. LA 86-1571-NCA.

86 B.R. 220 (1988)

In re Robert Anthony ROSSI, Debtor. In re Patricia Ann ROSSI, Debtor. In re Eugene HESTER; Claudette Hester, Debtors. Lawrence A. DIAMANT, Trustee, Appellant, v. BANK OF A. LEVY, Appellee. Richard J. TEJEDA and Louie W. Tejeda, Appellants, v. Lawrence A. DIAMANT, Trustee Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 28, 1988.


Attorney(s) appearing for the Case

Michael D. Warner, Robinson, Wolas & Diamant, Los Angeles, Cal., for appellants.

Oswald A. Hunt, Tiffany, Hunt & Brown, Oxnard, Cal., K. Reed Harrison, Westlake Village, Cal., for appellees.

Before JONES, VOLINN and MEYERS, Bankruptcy Judges.


OPINION

The Tejedas appeal the trial court's decision to award condemnation proceeds to the bankruptcy trustee rather than to the Tejedas. The trustee appeals the trial court's decision to award part of the condemnation proceeds to the Bank of A. Levy. We AFFIRM both decisions.

FACTS

In December 1980, Robert and Patricia Rossi ("Debtors") purchased from Gilbert Levy five lots of real property ("the Oxnard Property"). A one-story brick building...

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