IN RE FERNANDEZ

BAP Nos. CC-97-1628-BKME, CC-97-1863-BKME, Bankruptcy No. LA97-25043 TD, Adversary No. LA97-02372-TD.

227 B.R. 174 (1998)

In re John FERNANDEZ, Debtor. John FERNANDEZ, Appellant, v. GE CAPITAL MORTGAGE SERVICES, INC.; Texas Commerce Bank N.A., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 5, 1998.


Attorney(s) appearing for the Case

John Fernandez, Los Angeles, CA, appellant pro se.

Alexandria C. Phillips, Irvine, CA, for GE Capital Mortgage Services, Inc., appellee.

Before: BRANDT, KLEIN, and MEYERS, Bankruptcy Judges.


OPINION

BRANDT, Bankruptcy Judge.

We are asked in these appeals to rule on the propriety and efficacy of an in rem relief from stay order. We do not find it necessary to reach that question.

The bankruptcy court ably recounted the events in In re Fernandez, 212 B.R. 361 (Bankr.C.D.Cal.1997) and we will not repeat them here. Suffice it to say that Debtor John Fernandez filed his first chapter 13

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