IN RE LAM

No. 97-16711.

192 F.3d 1309 (1999)

In re: Tam Ly LAM; Mai Thai Lam, Debtors. Investors Thrift, Appellant, v. Tam Ly Lam; Mai Thai Lam, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 1999.


Attorney(s) appearing for the Case

Julian Bach, Arter & Hadden, Los Angeles, California, for appellant Investors Thrift and amicus curiae The Money Store.

Aram Ordubegian, Miles, Wright, Finlay & Zak, LLP, Santa Ana, California, for appellant Investors Thrift.

David A. Boone and Edward A. Kunnes, San Jose, California, for appellees Tam Ly and Mai Thi Lam.

Before: WIGGINS, FERNANDEZ and THOMAS, Circuit Judges.


PER CURIAM:

This appeal presents the interesting question of whether a Chapter 13 debtor may void a junior lien on a homestead if senior liens exceed the fair market value of the property. However, we have no occasion to reach that issue, because the appellant has forfeited the right to bring it before us by failing to appear in any prior proceedings.

I

Debtors Tam Ly Lam and Mai Thai Lam instituted an adversary proceeding against Investors Thrift...

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