IN RE HARPER

No. 07-5016.

516 F.3d 1180 (2008)

In re Russell T. HARPER and Shannon C. Harper, Debtors. Patrick J. Malloy, III, Trustee, Plaintiff-Appellee, v. WilServ Credit Union, Defendant-Appellant. Oklahoma Credit Union League; Oklahoma Bankers' Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 24, 2008.


Attorney(s) appearing for the Case

Patrick Malloy, III, Trustee, of Malloy Law Firm, P.C., Tulsa, Oklahoma, for Plaintiff-Appellee.

David Wheeler of Butler & Wheeler, P.L.L.C., Jenks, Oklahoma, for Defendant-Appellant.

Jason C. Boesch, Counsel for Amici Curiae, and Alvin C. Harrell, Professor of Law of Oklahoma City University School of Law, Oklahoma City, Oklahoma, for Amici-Curiae.

Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.


KELLY, Circuit Judge.

Defendant-Appellant, WilSery Credit Union ("credit union"), appeals from an order and judgment of the Bankruptcy Appellate Panel ("BAP") affirming the judgment of the bankruptcy court. In re Harper, No. 06-076, 2007 WL 45918 (10th Cir.BAP Jan.9, 2007). The bankruptcy court entered judgment hi favor of Plaintiff-Appellee, Patrick J. Malloy, III, the chapter 7 trustee ("trustee"), avoiding the credit union's security interest in the debtors...

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