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IN RE MORGAN

BAP No. CC-91-2288-JVP, Bankruptcy No. LA91-83895-LF.

149 B.R. 147 (1993)

In re: Thomas K. MORGAN, Debtor. Thomas K. MORGAN, Appellant, v. FEDERAL DEPOSIT INSURANCE CORP., as Receiver for Heritage Bank; Bank of America, NT & SA; Merchants Recovery Services, Inc.; and Household Finance Corp., Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Carl F. Agren, Orange, CA, for Thomas K. Morgan.

Paula Scotland, Newport Beach, CA, for FDIC (as Receiver of Heritage Bank).

Before JONES, VOLINN and PERRIS, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge.

FACTS

On or about June 9, 1986, the Federal Deposit Insurance Corporation, as receiver for Heritage Bank ("FDIC"), obtained a judgment against debtor Thomas Morgan ("Morgan") in the amount of $53,174.18. After recording an abstract of judgment, the FDIC initiated a proceeding in California state court to levy on real property owned by Morgan.

On February 21, 1990, the California court held a show cause hearing...

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