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IN RE ZOTOW

BAP No. EC-09-1409-JuPaKw. Bankruptcy No. 09-20504.

432 B.R. 252 (2010)

In re Alex ZOTOW and Theresa Zotow, Debtors. Alex Zotow; Theresa Zotow, Appellants, v. Jan P. Johnson; Bac Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 18, 2010.

Attorney(s) appearing for the Case

Mark A. Wolff, Elk Grove, CA, for Alex Zotow, Jr., Theresa Zotow.

Jan P. Johnson, Sacramento, CA, for Trustee.

Brian C. Walsh, Bryan Cave LLP, St. Louis, MO, Katherine M. Windler, Sheri Kanesaka, Bryan Cave LLP, Santa Monica, CA, for BAC Home Loans Servicing, LP.

Before: JURY, KWAN, and PAPPAS, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Alex and Theresa Zotow ("Debtors") appeal the bankruptcy court's order which determined that BAC Home Loans Servicing, LP ("BAC"), f/k/a Countrywide Home Loans Servicing, LP, did not violate the automatic stay.

The matter arose in connection with Debtors' objection to BAC's proof of claim. Debtors objected on the ground that their prepetition escrow arrearages on their mortgage should have been included in BAC's proof...

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