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IN RE TIPPETT

BAP Nos. EC-05-1086-BMaS, EC-05-1087-BMaS. Bankruptcy No. 01-26241-C-7. Adversary No. 03-02326-C.

338 B.R. 82 (2006)

In re Craig TIPPETT; Christine L. Tippett, Debtors. Irwin Mortgage Company; Seitu O. Coleman, Appellants, v. Craig Tippett; Christine L. Tippett; Michael F. Burkart, Chapter 7 Trustee; United States Trustee/Sacramento; California Rural Home Mortgage Finance Authority, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 31, 2006.

Attorney(s) appearing for the Case

Mary E. Olden, McDonough, Holland & Allen, Sacramento, CA, for Seito O. Coleman and Irwin Mortgage Company.

Gregory J. Hughes, Roseville, CA, for Michael F. Burkart, Ch. 7 Trustee.

Before: BRANDT, MARLAR, and SMITH, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

Without authorization and without disclosing their bankruptcy, chapter 71 debtors Craig and Christine Tippett sold their home to appellant Seitu Coleman, paid off secured lienholders, and kept the net proceeds. A few months later, their trustee filed an adversary proceeding seeking turnover, quieting of title, and avoidance of the liens of Coleman's lenders, appellant Irwin Mortgage Company ...

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