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IN RE CONSOLIDATED PIONEER MORTG. ENTITIES

BAP No. SC-95-1980-AsJV, Bankruptcy No. 91-00214-M11, Adv. No. 95-90066-M11.

205 B.R. 422 (1997)

In re CONSOLIDATED PIONEER MORTGAGE ENTITIES, Debtor. TRANSCORP/WILBUR S. AVANT, JR., M.D. ROLLOVER I.R.A. Account # IRC-9032-OR; Richard M. Rubio, M.D.P.A., Money Purchase Pension Plan & Trust; The San Diego Diagnostic Radiology Medical Group, Inc., Retirement Trust Dated 2/1/76, FBO James W. Backhaus, M.D.; The San Diego Diagnostic Radiology Medical Group, Inc., Retirement Trust Dated 2/1/76, FBO Lawrence E. Goldberger, M.D.; and Wilbur S. Avant, Jr., M.D., Appellants, v. PIONEER LIQUIDATING CORPORATION, a California corporation, as successor in interest to the Consolidated Pioneer Mortgage Entities, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 7, 1997.

Attorney(s) appearing for the Case

Michael H. Wexler, San Diego, CA, for Transcorp/Wilbur S. Avant, Jr., Rollover I.R.A. Account # IRC-9032-OR, et al.

Gregory P. Goonan, Barnhorst, Schreiner & Goonan, San Diego, CA, for Consolidated Pioneer Mortgage Entities.

Before: ASHLAND, JONES, and VOLINN, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

STATEMENT OF FACTS

Between 1986 and 1990, Naimco-Clairemont, Inc. made three loans to a group of borrowers. The loans were secured by promissory notes and trust deeds encumbering property in Julian, California. Naimco-Clairemont assigned the promissory notes and trust deeds to various investors.

In October 1990, Nenner Enterprises, Inc. made a $1,350,000 loan to borrowers, secured by a deed of trust...

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