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IN RE LYNCH

BAP No. NC-06-1223-DBPA, Bankruptcy No. 05-43135-RN.

363 B.R. 101 (2007)

In re Gerald Adolphus LYNCH and Doris Mae Gill, Debtors. John T. Kendall, Chapter 7 Trustee, Appellant, v. Gerald Adolphus Lynch; Doris Mae Gill, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 11, 2007.

Attorney(s) appearing for the Case

Eric A. Nyberg, Kornfield, Paul, Bupp & Nyberg, Oakland, CA, for Appellant.

Stanley A. Zlotoff, Bluer & Zlotoff, San Jose, CA, for Appellees.

Before: DUNN, BRANDT and PAPPAS, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

The chapter 7 trustee appeals an order compelling him to abandon debtors' residence. We REVERSE and REMAND.

FACTS

Gerald Adolphus Lynch and Doris Mae Gill ("debtors") filed a joint chapter 131 petition on June 8, 2005, together with the required schedules. In their schedules, the debtors valued their residence at $560,000, subject to a deed of trust held by Downey Savings Bank...

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