IN RE LOPEZ

No. 02-15774BAP.

345 F.3d 701 (2003)

In re Charles LOPEZ; In re Julie Lopez, Debtors, Bankruptcy Receivables Management, Appellant, v. Charles Lopez; Julie Lopez, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2003.


Attorney(s) appearing for the Case

Matthew J. McGowan, Salter McGowan Sylvia & Leonard, Inc., Providence, Rhode Island; and Richard W. Snyder, Law Office of Richard W. Snyder, Tustin, California, for the appellant.

John R. Roberts, John R. Roberts, A Professional Corp., Placerville, California, for the appellees.

John Rao, National Consumer Law Center, Boston, Massachusetts; and Norma L. Hammes & James J. Gold, San Jose, California, for Amicus Curiae National Association of Consumer Bankruptcy Attorneys.

Before PROCTER HUG, JR., JOHNSON R. GIBSON, and RAYMOND C. FISHER, Circuit Judges.


Argued and Submitted May 14, 2003 — San Francisco, California.

OPINION

HUG, Circuit Judge:

This case addresses the question of whether a creditor may enforce a post-bankruptcy discharge agreement entered into with a debtor retaining the collateral pursuant to its rights under McClellan Fed. Credit Union v. Parker (In re Parker), 139 F.3d 668 (9th Cir.1998). Creditor Bankruptcy Receivables Management...

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