In Re Rascon

ORDER AFFIRMING BANKRUPTCY COURT’S ORDER GRANTING DEBTOR’S MOTION TO AVOID LIEN

Now before the Court is Appellants Creditor Khalil Salah’s appeal from the final Amended Order on Debtor’s Motion for An Order Avoiding Lien and Vacating Prior Order (“the 2003 Order”) of the United States Bankruptcy Court for the Northern District of California (“the Bankruptcy Court”). Appellant-Creditor asks that this Court reverse the Bankruptcy Court’s 2003 Order granting the Debtor-Appellee Francisca Rascon’s Motion to Avoid Lien. Having carefully reviewed the parties’ papers and considered their arguments and the relevant legal authority, the Court hereby AFFIRMS the Bankruptcy Court’s 2003 Order.

BACKGROUND

Debtor-Appellee, Francisca Rascón (“Debtor”) purchased a five unit residential property located at 1129 Willow Road, Menlo Park, California from Appellants Creditor, Khalil Salah (“Salah”), on December 31,1991 for $430,000. Debtor paid the purchase price with three promissory notes executed on December 16, 1991. Deeds of trust against the purchased property secured two of the notes: the first in the amount of $250,000 and the second in the amount of $100,000. (Salah Opening Br. at…