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IN RE BAY AREA GLASS, INC.

BAP No. NC-10-1525-PaJuH. Bankruptcy No. 10-52701-SJ.

454 B.R. 86 (2011)

In re BAY AREA GLASS, INC., Debtor. Western States Glass Corporation of Northern California, Appellant, v. Audrey J. Barris, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided: June 28, 2011.

Amended: June 30, 2011.

Attorney(s) appearing for the Case

Joseph Patrick Thompson, Gilroy, CA, argued for appellant, Western States Glass Corporation of Northern California.

Barry Milgrom of Luce, Forward, Hamilton & Scripps LLP, San Francisco, CA, argued for appellee, Audrey J. Barris.

Before: PAPPAS, JURY and HOLLOWELL, Bankruptcy Judges.

PAPPAS, Bankruptcy Judge.

Creditor Western States Glass Corp. of Northern California ("Western") appeals the decision of the bankruptcy court disallowing its secured claim under § 502(d)2 because its judgment lien constituted an avoidable preference under § 547(b). Because § 547(c)(9) does not create an exception to avoidance under these facts, we AFFIRM.

FACTS

On January 14, 2010, Western obtained a default...

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