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IN RE JONES

No. 95-15920.

106 F.3d 923 (1997)

In re Virginia H. JONES, Debtor. Virginia H. JONES, Appellant, v. Leon HESKETT and Kelleher Lumber Company, Inc., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Lynn Anderson Koller, Oakland, California, for appellant.

David J. Costamagna and Patrick M. Macias, San Rafael, California, for appellees.

Before: FLETCHER and FERGUSON, Circuit Judges, and KING, District Judge.

FLETCHER, Circuit Judge:

Virginia H. Jones appeals a decision of the Bankruptcy Appellate Panel ("BAP") holding that a recorded abstract of judgment became a lien on her property subordinate, however, to prior liens and to a recorded declaration of homestead. The BAP concluded that because surplus equity existed in the property on the date Ms. Jones petitioned for bankruptcy, the lien could attach under California Code of Civil Procedure ("CCCP") § 704.950. The...

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