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IN RE FRATES

BAP No. NC-13-1366-JuKiD. Bankruptcy No. 11-70776.

507 B.R. 298 (2014)

In re Michael Allen FRATES; Carla Jean Frates, Debtors. Michael Allen Frates; Carla Jean Frates, Appellants, v. Wells Fargo Bank, N.A.; Wells Fargo Card Services, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 13, 2014.

Attorney(s) appearing for the Case

Michael J. Primus, Esq. , Hercules, CA, argued for appellants Michael Allen and Carla Jean Frates.

Before: JURY, KIRSCHER, and DUNN, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Chapter 131 debtors, Michael Allen Frates and Carla Jean Frates (collectively, Debtors), filed a motion under § 522(f) asking the bankruptcy court to avoid the judicial lien of Wells Fargo Bank, N.A. (Wells Fargo) which encumbered their residence. Wells Fargo failed to respond. Debtors then filed a request for entry of order by default. The bankruptcy court denied their request on procedural...

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