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IN RE LEE

BAP No. CC-96-1959-JSH, Bankruptcy No. SA 95-10514-JW.

215 B.R. 22 (1997)

In re Kyoo Jung LEE and Ann Soon Lee, Debtors. Kyoo Jung LEE and Ann Soon Lee, Appellants, v. HOME SAVINGS OF AMERICA, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 17, 1997.

Attorney(s) appearing for the Case

Andrew S. Bisom, Irvine, CA, for Appellants.

Hal M. Marzell, Irwindale, CA, for Appellee.

Before JONES, SNYDER, and HAGAN, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge.

Kyoo Jung Lee and Ann Soon Lee ("Debtors"), sought to strip Home Savings of America's ("Home Savings") deed of trust on the Debtors' residence. The Debtors contended that Home Savings' deed of trust took a security interest in property other than the Debtors' principal residence, thereby preventing Home Savings from claiming the protections of § 1123(b)(5).2 The bankruptcy court disagreed...

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