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IN RE CONCANNON

BAP No. AZ-05-1169-CMoS. Bankruptcy No. 01-04624-TUC-JMM.

338 B.R. 90 (2006)

In re Kevin H. CONCANNON and Terry B. Concannon, Debtors. Kevin H. Concannon; Terry B. Concannon, Appellants, v. Imperial Capital Bank, a California corporation, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 7, 2006.

Attorney(s) appearing for the Case

Scott D. Gibson, Gibson, Nakamura & Decker, P.L.L.C., Tucson, AZ, for Kevin H. Concannon and Terry B. Concannon.

George O. Krauja, Fennemore Craig, Tucson, AZ, for Imperial Capital Bank.

Before: CARROLL, MONTALI and SMITH, Bankruptcy Judges.

OPINION

CARROLL, Bankruptcy Judge.

INTRODUCTION

When Imperial Capital Bank ("Imperial") sought relief from the automatic stay to foreclose its judgment lien, Kevin and Terry Concannon ("Debtors") defended the motion in their chapter 7 bankruptcy case by seeking a valuation of their rental real property encumbered by the lien and avoidance of Imperial's lien pursuant to 11 U.S.C. §§ 506(a) and (d).2...

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