IN RE KELAIDIS

BAP No. UT-01-037. Bankruptcy No. 00-22223. Adversary No. 00-2189.

276 B.R. 266 (2002)

In re Mathew J. KELAIDIS and Christine Kelaidis, Debtors. Mathew J. Kelaidis and Christine Kelaidis, Plaintiffs-Appellees, v. Community First National Bank, formerly known as Guardian State Bank, Defendant-Appellant.

United States Bankruptcy Appellate Panel, Tenth Circuit.

April 19, 2002.


Attorney(s) appearing for the Case

Brett P. Johnson, Snell & Wilmer, Salt Lake City, UT, for Plaintiffs-Appellees.

Stephen B. Mitchell, Burbidge & Mitchell, Salt Lake City, UT, for Defendant-Appellant.

Before PUSATERI, BOHANON, and MICHAEL, Bankruptcy Judges.


OPINION

PUSATERI, Bankruptcy Judge.

Defendant Community First National Bank ("Community") appeals the bankruptcy court's judgment disallowing its claim against the chapter 13 debtors ("the Debtors") based on their guaranties and barring it from foreclosing on two houses they own. For the reasons stated below, we affirm.

Background

In 1996, the Debtors were principals of Dad's Inc. ("Dad's"). Community financed most of Dad's purchase...

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