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IN RE BENAFEL

BAP Nos. OR-11-1005-PaJuCl, OR-11-1085-PaJuCl. Bankruptcy No. 10-61542.

461 B.R. 581 (2011)

In re Mary C. BENAFEL, Debtor. Mary C. Benafel, Appellant, v. One West Bank, FSB; Fred Long, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 9, 2011.

Attorney(s) appearing for the Case

Judson M. Carusone , Eugene, OR, argued for Appellant Mary C. Benafel.

Joshua Schaer , Bellevue, WA, argued for Appellee One West Bank, FSB.

Before: PAPPAS, JURY and CLARKSON, Bankruptcy Judges.

OPINION

PAPPAS, Bankruptcy Judge.

Appellant, chapter 132 debtor Mary C. Benafel ("Benafel"), appeals the bankruptcy court's orders denying confirmation of her original plan on December 22, 2010, and confirming her amended plan on February 11, 2011. Because the bankruptcy court erred in ruling that the date for determining whether real property is a debtor's principal residence for purposes...

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