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IN RE HAYDEN

BAP No. WW-03-1385-MoMeP, Bankruptcy No. 02-40492, Adversary No. 02-04103.

308 B.R. 428 (2004)

In re Anthony Kyle HAYDEN and Margaret Marie Hayden, Debtors. Anthony Kyle Hayden and Margaret Marie Hayden, Appellants, v. David L. Wells, dba Jack's Towing, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 24, 2004.

Attorney(s) appearing for the Case

Darren C. Walker, Vancouver, WA, for Anthony and Margaret Hayden.

Randall Stewart, Vancouver, WA, for David Wells.

Before MONTALI, MEYERS, and PERRIS, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

Prior to the petition date, the state police ordered impoundment of the debtors' vehicle, and the defendant towing company took possession of it. After the debtors filed bankruptcy, they repeatedly requested the towing company to turn over the vehicle. The towing company refused. Approximately six weeks after the bankruptcy petition was filed and following a conditional order of turnover, the towing company released...

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