IN RE SMITH

BAP Nos. CC-09-1321-DMkJa, CC-09-1364-DMkJa. Bankruptcy Nos. SV 09-13847-MT, SV 09-17343-MT.

435 B.R. 637 (2010)

In re Russell L. SMITH and Joy C. Smith, Debtors. Russell L. Smith and Joy C. Smith, Appellants, v. Elizabeth F. Rojas, Chapter 13 Trustee; United States Trustee, Appellees. In re Steven Hamburg and Michelle Hamburg, Debtors. Steven Hamburg and Michelle Hamburg, Appellants, v. Elizabeth F. Rojas, Chapter 13 Trustee; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 8, 2010.


OPINION

DUNN, Bankruptcy Judge.

The bankruptcy court dismissed debtors' chapter 132 cases on the basis that the debtors exceeded the § 109(e) unsecured debt limit for chapter 13 eligibility. Asserting that the bankruptcy court erred when it included in the unsecured debt calculation the amount owed on wholly unsecured junior consensual liens, the debtors appealed. We AFFIRM.

I. FACTS

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