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IN RE HERRERA

BAP No. EC 82-1035 EKH, Bankruptcy No. 281-0946-W, Adv. No. 281-2043.

23 B.R. 796 (1982)

In re Rafael HERRERA and Josephine V. Herrera, Debtors. COLLATERAL FUNDING, INC., a California corporation, Appellant, v. Rafael HERRERA and Josephine V. Herrera, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided September 8, 1982.

Attorney(s) appearing for the Case

John B. Vlahos, Vlahos & Vlahos, Palo Alto, Cal., for appellant.

John Tosney, Law Offices of Melvyn Coben, Sacramento, Cal., for appellee.

Before ELLIOTT, KATZ and HUGHES, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

Collateral Funding appeals from an order vacating a foreclosure sale of the debtors' residence. The foreclosure sale was conducted by the creditor in reliance upon a stipulation terminating the automatic stay of 11 U.S.C. § 362. We reverse.

The debtors filed their Chapter 13 case on March 18, 1981. Appellant filed its complaint to be relieved of stay on April 3, 1981. The debtors answered and the proceeding...

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