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IN RE HEISHMAN

BAP No. 81-1115-KEV.

20 B.R. 658 (1982)

In re Harvey Lee HEISHMAN, Jr., and Helen Marie Heishman, Debtors. WESTERN EQUITIES, INC., Plaintiff-Appellant, v. Harvey Lee HEISHMAN, Jr., Helen Marie Heishman, Defendants-Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided February 22, 1982.

Attorney(s) appearing for the Case

Gregory A. Manchuk, Sylva & Rubnitz, San Jose, Cal., for plaintiff-appellant.

Matthew M. Spielberg, Castro Valley, Cal., for defendants-appellees.

Before KATZ, ELLIOTT and VOLINN, Bankruptcy Judges.

OPINION

KATZ, Bankruptcy Judge.

This is an appeal from the denial of a motion for summary judgment. We affirm.

The debtors/appellees commenced a proceeding under Chapter 13 of the Bankruptcy Code. Western Equities, appellant, is the holder of a note secured by a deed of trust on the debtors' residence. The note and deed of trust were in default and Western Equities filed a complaint for relief from the automatic stay of § 362 of the Code.

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