Salazar

BACKGROUND

The Salazars owned a swimming pool contracting business, and the Floreses hired them to build a pool at the Floreses’ residence. The Floreses agreed to and did pay the full amount of the purchase price — $30,829 — at the time that they entered into the contract, and the Salazars commenced work.3 They never finished the job. By the time they filed for bank- ruptcy some 17 months later, the project was just 50-70 per- cent complete. The Floreses, acting pro se, filed an answer to the petition in bankruptcy on March 22, 2002. That was filed within the time for filing a claim, but they did not file a for- mal proof of claim until later.

In their formal proof of claim, the Floreses sought to have their claim treated as secured. The Salazars ultimately objected to the claim, and the bankruptcy court determined that the claim was not secured at all. But, said the court, it was a priority claim to the extent of $2,100. See 11 U.S.C. § 507(a)(6) (consumer deposit).

The Salazars appealed that determination, and the BAP affirmed. This appeal followed. 2 The Salazars have also raised a number of other issues. We have addressed those in an unpublished memorandum disposition…