Vance v. Vance

721 F.2d 259 9 Collier Bankr.Cas.2d 1035 , 11 Bankr.Ct.Dec. 404 In the Matter of Stephen R. VANCE, Jeanne F. Vance, Debtors. VALLEY BANK, An Idaho Banking Corporation, Plaintiff-Appellant, v. Stephen R. VANCE and Jeanne F. Vance, Husband and Wife, Defendants, and L.D. Fitzgerald, Trustee, Defendant-Appellee. No. 83-3686. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1983. Decided Nov. 28, 1983. Steven A. Hoskins, Idaho Falls, Idaho, for plaintiff-appellant. James Pappas, Pocatello, Idaho, W. Lynn Hossner, St. Anthony, Idaho, for defendant-appellee. Appeal from the United States District Court for the District of Idaho. Before BROWNING, HUG, and TANG, Circuit Judges. HUG, Circuit Judge: 1 * OVERVIEW 2 The Vances filed for bankruptcy on January 29, 1982. Valley Bank ("Bank") filed a complaint in bankruptcy court to remove the automatic stay so it could foreclose its security interest in a 1977 utility trailer. The trustee counterclaimed that the Bank's security interest was void as a preference under 11 U.S.C. Sec. 547 within ninety days of the bankruptcy filing. The bankruptcy court, 22 B.R. 26 , found that the Bank's lien was a preference under…