IN RE FAIR OAKS, LTD.

BAP No. WW-93-2070-ROB. Bankruptcy No. 92-03938. Adv. No. 92-09511.

168 B.R. 397 (1994)

In re FAIR OAKS, LTD., a Washington Limited Partnership, Debtor. Edmund J. WOOD, Chapter 7 Trustee, Appellant, v. DELURY, POMARES & COMPANY, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 21, 1994.


Attorney(s) appearing for the Case

David A. Gebben, Seattle, WA, for appellant.

Suzanne M. Barnett, Seattle, WA, for appellee.

Before RUSSELL, OLLASON and BARR, Bankruptcy Judges.


OPINION

RUSSELL, Bankruptcy Judge:

This appeal arises from a bankruptcy court's order granting summary judgment in favor of the appellee. The appellee had filed a complaint for a determination as to the validity and priority of a deed of trust. The Chapter 72 Trustee filed a cross-complaint asserting that the lien could be avoided under § 548(a). Cross motions for summary...

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