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IN RE SCANNELL

Bankruptcy No. 08-18329-DPC. Adversary No. 13-302.

505 B.R. 523 (2014)

In re James Patrick SCANNELL, Debtor. James Patrick Scannell, Plaintiff, v. JP Morgan Chase Bank, N.A., et al., Defendants.

United States Bankruptcy Court, D. Arizona.

January 24, 2014.

Attorney(s) appearing for the Case

John P. Carter , Katherine Anderson Sanchez , Allen, Sala & Bayne, PLC, Phoenix, AZ, for Plaintiff.

Marjorie S. Becklund , Arizona Attorney General's Office, Tucson, AZ, S. Matt Collins , Patrick J. Davis , Fidelity National Law Group, Phoenix, AZ, Kaycee M. Sullivan , U.S. Department of Justice, Washington, DC, for Defendants.

ORDER SETTING PRIORITY OF LIENS

DANIEL P. COLLINS, Bankruptcy Judge.

The parties present an issue of first impression, namely, which has priority in Arizona: a restitution lien or a purchase money deed of trust? The Court concludes that a purchase money deed of trust against real property has priority over an earlier recorded restitution lien.

I. Facts

The essential facts are undisputed. They occurred prepetition.

On December 15...

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