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IN RE McCOMB

BAP No. CC 88-1623 MoJP, Bankruptcy No. SA 87-02471 JB, Adv. No. M 7 1580 PE.

101 B.R. 606 (1989)

In re W.F. McCOMB, aka William Forsythe McComb, aka Bill McComb, fdba Capson, Morris & McComb, fdba Highlands Assoc., and fdba Six-M Investments, Debtor. Nancy W. GARBETT, Appellant, v. W.F. McCOMB, Appellee.

United States Bankruptcy Appellate Panel, Ninth Circuit.

Decided July 17, 1989.

Attorney(s) appearing for the Case

Joseph E. Tesch, Park City, Utah, for appellant.

No Appearance for appellee.

Before MOOREMAN, JONES and PERRIS, Bankruptcy Judges.

OPINION

MOOREMAN, Bankruptcy Judge:

This appeal arises out of the bankruptcy court's order which denied the appellant's motion for determination of secured status and accordingly allowing the debtor's claimed homestead exemption. We reverse.

FACTS

The following facts are essentially undisputed and largely taken from the bankruptcy court's Memorandum Decision. The debtor, W.F. McComb and appellant, Nancy W. Garbett were divorced in April...

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