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IN RE TADLOCK

BAP No. WY-05-074, Bankruptcy No. 04-20249, Adversary No. 04-2084.

338 B.R. 436 (2006)

In re John David TADLOCK, doing business as Tadlock Equipment Co. and Joan Linihan Tadlock, Debtors. R. Michele Russell, Trustee, Plaintiff — Appellee, v. John David Tadlock and Joan Linihan Tadlock, Defendants — Appellants, and Risk Management Alternatives and Mark Foxwell, Defendants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 10, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephen R. Winship of Winship & Winship, P.C., Casper, Wyoming, for Defendants — Appellants.

Paul Hunter, Cheyenne, Wyoming, for Plaintiff — Appellee.

Before CLARK, BOHANON, and MICHAEL, Bankruptcy Judges.

OPINION

BOHANON, Bankruptcy Judge.

For the reasons outlined below, the Court hereby REVERSES and REMANDS to the bankruptcy court.

Background

The facts of this appeal are undisputed and straight forward.

When they filed their petition, the Appellants-Debtors listed their home with a value of $99,000 encumbered by liens exceeding its value. One of the lien creditors moved to modify the stay to proceed with foreclosure...

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