IN RE LIEVSAY

BAP No. CC-95-1391-RoVJ. Bankruptcy No. SA 94-21241 JW.

199 B.R. 705 (1996)

In re Winslow R. LIEVSAY, Debtor. Winslow R. LIEVSAY, Appellant, v. WESTERN FINANCIAL SAVINGS BANK, F.S.B., a Federal Savings Bank; and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 14, 1996.


Attorney(s) appearing for the Case

Winslow R. Lievsay, Mission Viejo, CA, pro se.

Kenneth D. Passon, Irvine, CA, for Western Financial Savings Bank.

Before ROSS, VOLINN and JONES, Bankruptcy Judges.


OPINION

VOLINN, Judge.

INTRODUCTION

The debtor's chapter 11 disclosure statement proposed to strip down a lien secured by his principal residence. Although generally debtors are not permitted to strip down a lien secured by the debtor's personal residence, the debtor argued that "boilerplate" language contained in the deed of trust should have been construed to secure property other than his residence...

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