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IN RE REINERTSON

BAP No. MT-98-1674-BHaP. Bankruptcy No. 97-30214-7. Adversary No. 97-00062.

241 B.R. 451 (1999)

In re Douglas Allen REINERTSON and Katherine Marie Reinertson, Debtors. Missoula Federal Credit Union; Jolly Wholesale, Inc., Appellants, v. Douglas Allen Reinertson, Katherine Marie Reinertson, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 2, 1999.

Attorney(s) appearing for the Case

Harold V. Dye, Dye & Moe, Missoula, MT, for appellant.

Charles J. Tornabene, Tornabene & McKenna, PLLC, Missoula, MT, for appellee.

Before BRANDT, HARGROVE, and PERRIS, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

The Chapter 7 trustee filed an adversary proceeding to avoid as a preference Missoula Federal Credit Union's ("MFCU") belatedly-perfected security interest in the debtors' vehicle. In a counterclaim to MFCU's third party complaint filed within that action, debtors asked the court to relieve them of their obligations under their reaffirmation agreement with MFCU. Debtors alleged they had entered into the agreement with the...

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