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IN RE BOWEN

BAP No. AZ-95-2250-AsJH. Bankruptcy No. 92-00092-PHX-SSC. Adv. No. 92-395.

198 B.R. 551 (1996)

In re Cheryl BOWEN, Debtor. GENEL COMPANY, INC., an Oregon corporation, Appellant, v. Cheryl BOWEN, and Alfred J. Bowen, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 16, 1996.

Attorney(s) appearing for the Case

Terry A. Dake, Phoenix, AZ, for Appellant.

Marcia J. Busching, James W. Armstrong, Phoenix, AZ, for Appellees.

Before: ASHLAND, JONES, and HAGAN, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

STATEMENT OF FACTS

Genel Company, Inc. entered into a real estate construction loan transaction with Bowen Quality Construction Company. Cheryl Bowen, debtor, and Alfred Bowen were the owners of Bowen Quality. During the time of the negotiations and funding of the loan, debtor was an officer, director, and employee of Bowen Quality.

As part of the loan transaction, Bowen Quality pledged a...

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