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IN RE NUNEZ

BAP No. SC-95-1731-OHAs. Bankruptcy No. LA 94-08387-A7.

196 B.R. 150 (1996)

In re Pedro NUNEZ, Debtor. Bertha NUNEZ, Appellant, v. Pedro NUNEZ, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 30, 1996.

Attorney(s) appearing for the Case

Dean T. Kirby, Jr., San Diego, CA, Donald M. Stevenson, Stockton, CA, for Appellant.

Donald L. Scoville, El Centro, CA, Harold D. Thompson, San Diego, CA, for Appellee.

Before OLLASON, HAGAN and ASHLAND, Bankruptcy Judges.

OPINION

OLLASON, Bankruptcy Judge:

Bertha Nunez ("Appellant") has appealed the bankruptcy court's judgment avoiding her equitable lien on the residence of her brother, Pedro Nunez ("Debtor"). We reverse and remand.

STATEMENT OF FACTS

In 1987, after graduating from law school, Debtor was injured in an automobile accident. Between 1987 and 1991, Appellant made a series of loans to Debtor totalling $95,243.95. Debtor used this money...

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