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IN RE PETERS

BAP No. NV-94-2159-HMeAs. Bankruptcy No. 92-31904. Adv. No. 94-28.

184 B.R. 799 (1995)

In re John Jeffrey PETERS, Debtor. John Jeffrey PETERS, Appellant, v. MASON-McDUFFIE MORTGAGE CORP., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 7, 1995.

Attorney(s) appearing for the Case

Geoffrey L. Giles, Reno, NV, for appellant.

Matthew Q. Callister, Las Vegas, NV, Michael S. Polk, Tarzana, CA, for appellee.

Before HAGAN, MEYERS and ASHLAND, Bankruptcy Judges.

AMENDED OPINION

HAGAN, Bankruptcy Judge:

Mason-McDuffie Mortgage Corporation ("Mason") is the assignee of a security interest in a house owned by John Jeffrey Peters ("debtor"), a chapter 13 debtor. The debtor filed his chapter 13 petition immediately prior to the nonjudicial foreclosure sale of the house by Mason's predecessor-in-interest. It was later discovered that Mason had been continuing the date of the foreclosure sale after the plan was confirmed...

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