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IN RE EGBE

BAP No. CC-88-1209-JMeMo, Bankruptcy No. LA X 87-53321 GM.

107 B.R. 711 (1989)

In re Andrew Gray EGBE, Debtor. MERCHANTS RECOVERY SERVICE, INC. Appellant, v. Andrew Gray EGBE, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 30, 1989.

Attorney(s) appearing for the Case

Dennis E. McGoldrick, McGoldrick, Casey & McGoldrick, Gardena, Cal., for appellant.

D.W. Trousil, Law Offices of D.W. Trousil, El Monte, Cal., for appellee.

Before JONES, MEYERS and MOOREMAN, Bankruptcy Judges.

JONES, Bankruptcy Judge:

The Appellant appeals the bankruptcy court's confirmation of the Debtor's Chapter 13 Plan treating Appellant as an unsecured creditor. WE REVERSE.

FACTS

The Debtor, Andrew Gray Egbe, financed the purchase of a 1983 Mercedes automobile with California Federal Savings and Loan Association ("California Federal"). Along with this financing transaction, the Debtor executed and delivered a security agreement to California Federal...

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