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IN RE ESTREITO

BAP No. NC-89-1533 MeJV, Bankruptcy No. 3-86-03800 TC.

111 B.R. 294 (1990)

In re Edward ESTREITO, also known as Edward John Estreito, Jr., Debtor. Edward ESTREITO, Appellant, v. CITIREALTY CORPORATION, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 6, 1990.

Attorney(s) appearing for the Case

Abram S. Feuerstein, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for appellant.

Leland Evans, Evans & Heil, San Mateo, Cal., for appellee.

Before MEYERS, JONES and VOLINN, Bankruptcy Judges.

MEYERS, Bankruptcy Judge:

I

A junior lienholder claimed interest on advances made to cure a debtor's default on a senior obligation. The lienholder claimed interest at the same rate as had been charged on promissory notes between the debtor and the junior lienholder, whereas the debtor urged that interest should be limited to 7%, the "rate allowed by law" as specified in the Deed of Trust between the parties. The bankruptcy court held in favor of the lienholder...

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