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IN RE BLIXSETH

BAP No. MT-10-1334-HJuMk. Bankruptcy No. 09-60452.

454 B.R. 92 (2011)

In re Edra D. BLIXSETH, Debtor. Richard J. Samson, Chapter 7 Trustee, Appellant, v. Western Capital Partners, LLC, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Bradley R. Duncan of Davis Wright Tremaine LLP, argued for the Appellant.

Robert W. Hatch, II , of Hatch Halstead LLC, argued for the Appellee.

Before: HOLLOWELL, JURY, and MARKELL, Bankruptcy Judges.

HOLLOWELL, Bankruptcy Judge.

The Bankruptcy Code requires an individual debtor in a chapter 71 case to undertake certain obligations with respect to personal property that secures a debt. 11 U.S.C. § 521(a)(2). A debtor must file a statement of intention indicating whether she intends to surrender or retain such property and must file and perform on her intention within a certain time frame. 11 U.S.C. § 521(a)(2)(A). If a debtor...

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