IN RE WATTS

No. 00-55207.

298 F.3d 1077 (2002)

In re Ronald Gary WATTS; In re Yee Kome Kathy Watts, Debtors, Phillip J. Wolfson, Appellant, v. Ronald Gary Watts; Yee Kome Kathy Watts, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2002.


Attorney(s) appearing for the Case

J. Edward Switzer, Jr., Vista, CA, for the appellant.

Brian M. Mahoney, San Diego, CA, for the appellees.

Before: O'SCANNLAIN and PAEZ, Circuit Judges, and KING, District Judge.


OPINION

PAEZ, Circuit Judge.

Phillip J. Wolfson, a judgment creditor, appeals the Bankruptcy Appellate Panel's ("BAP") decision affirming the cancellation of his judgment lien on debtors Ronald Gary Watts's and Yee Kome Kathy Watts's (collectively, "Debtors") declared homestead. At the time Wolfson recorded his abstract of judgment, the value of the preexisting lien on Debtors' homestead, together with the homestead exemption, exceeded the fair market value...

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