IN RE BEEN

No. 97-55486.

153 F.3d 1034 (1998)

In re Grace Ethel BEEN, Debtor. CALIFORNIA CENTRAL TRUST BANK-CORP, Trustee FBO Michael P. Nelson, Trustee FBO John L. McClellan, Appellants, v. Grace Ethel BEEN, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1998.

As Amended November 4, 1998.


Attorney(s) appearing for the Case

Kenneth L. McDonald, Oxnard, CA, for appellants.

Ivan Trahan, San Diego, CA, for appellee.

Before: FLETCHER, THOMPSON, and LEAVY, Circuit Judges.


LEAVY, Circuit Judge:

OVERVIEW

California Central Trust Bank Corporation (CCTB), the holder of a $79,500 promissory note secured by a deed of trust on nonresidential real property of Chapter 7 debtor Grace E. Been, timely appeals from the order of the Bankruptcy Appellate Panel affirming the bankruptcy court's order that Been could avoid all but $7,777 of CCTB's judgment lien on Been's residence under 11 U.S.C. § 522(f). CCTB was a sold out junior lienholder...

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