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IN RE BERGEL

BAP No. NC-94-2020-RHV. Bankruptcy No. 93-46450-NK. Adv. No. 94-4119-AN.

185 B.R. 338 (1995)

In re Reinhard R. BERGEL, Debtor. RESEARCH GROUP 80-21, a California Limited Partnership, Appellant, v. John T. KENDALL, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 27, 1995.

Attorney(s) appearing for the Case

William F. Burns, Pleasanton, CA, for appellant.

Leonardo D. Drubach, Reidun Stromsheim, San Francisco, CA, for appellee.

Before RUSSELL, HAGAN and VOLINN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

This appeal arises from the granting of a motion for summary judgment in favor of the chapter 71 trustee based upon a finding that an abstract of judgment which was recorded 91 days prior to the debtor's bankruptcy was actually within the 90 day statutory preference period due to an enlargement of that period by Rule 9006(a). The judgment creditor appeals. We REVERSE and REMAND.

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