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IN RE GIESBRECHT

BAP No. WW-09-1301-HMoMk. Bankruptcy No. 09-12491-TTG.

429 B.R. 682 (2010)

In re Richard E. GIESBRECHT, Jr.; Joanne P. Giesbrecht, Debtors. Richard E. Giesbrecht, Jr.; Joanne P. Giesbrecht, Appellants, v. K. Michael Fitzgerald, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel for the Ninth Circuit.

Filed April 28, 2010.

Attorney(s) appearing for the Case

Cawood King Bebout, Mount Vernon, WA, for Appellants.

Jason T. Wilson-Aguilar, Seattle, WA, for Appellee.

Before HOLLOWELL, MONTALI and MARKELL, Bankruptcy Judges.

OPINION

HOLLOWELL, Bankruptcy Judge.

In this appeal we are asked to determine whether Cohen v. Lopez (In re Lopez), 372 B.R. 40 (9th Cir. BAP 2007), aff'd, and adopted by Cohen v. Lopez (In re Lopez), 550 F.3d 1202 (9th Cir.2008) (Lopez)1 allows a debtor the absolute right to pay an unimpaired2 claim directly...

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