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IN RE McDONELL

BAP No. CC-96-1091-JRuMe, Bankruptcy No. LA 95-14125 LF, Adv. No. LA 95-02498 LF.

204 B.R. 976 (1996)

In re William A. McDONELL, Joyce McDonell, Debtors. FORD CONSUMER FINANCE COMPANY, INC., a New York corporation, Appellant, v. William A. McDONELL, Joyce McDonell, Debtors, Elmer J. Ferguson (deceased), by Bonnie Bowman, Successor in interest to the Estate of Elmer J. Ferguson, and all persons unknown, claiming any legal or equitable right, in the estate, lien, or interest in the property described in the Complaint adverse to Plaintiff's Title or any cloud on Plaintiff's Title therein, and Does 1 through 10, inclusive, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 31, 1996.

Attorney(s) appearing for the Case

Jennifer L. King, Greines, Martin, Stein & Richland, Beverly Hills, CA, for Ford Consumer Finance Company, Inc.

Einar Wm. Johnson, Torrance, CA, for Bonnie Bowman.

Before: JONES, D. RUSSELL, and MEYERS, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

Bonnie Bowman's ("Bowman") predecessor obtained and recorded a certified copy of a federal judgment against the debtor in California. Several years later, Creditor Ford Consumer Finance Company's ("Ford") predecessor extended credit to the same debtor and secured payment by taking an alleged first deed of trust on debtor's California property. After the debtor defaulted on Ford's loan and then filed for bankruptcy...

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