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IN RE UDHUS

BAP No. WW-97-1630-HMeR, Bankruptcy No. 95-10445.

218 B.R. 513 (1998)

In re Donald J. UDHUS, doing business as Times Square Antique & Craft Mall, Debtor. CITYBANK, Appellant, v. Donald J. UDHUS, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 5, 1998.

Attorney(s) appearing for the Case

Edward P. Weigelt, Hutchison, Foster & Weigelt, Lynnwood, WA, for CityBank.

Ronald W. Goss, Shulkin, Hutton, Inc., Seattle, WA, for Donald J. Udhus.

Before HAGAN, MEYERS, and RUSSELL, Bankruptcy Judges.

OPINION

HAGAN, Bankruptcy Judge.

I.

The Appellant, CityBank, loaned the Appellee, Donald Udhus, doing business as Times Square Antique and Craft Mall, $595,714.04, secured by real property known as the Times Square Antique & Craft Mall. Udhus defaulted in his payments and filed a chapter 111 petition. His third chapter 11 plan provided for a sale of the real property at a price sufficient to allow payment...

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