In Re Chisum

847 F.2d 597 Bankr. L. Rep. P 72,330 In re Toney CHISUM, Debtor. MORTGAGE MART, INC., Plaintiff/Appellant, v. Martin RECHNITZER, Trustee in Bankruptcy, Toney Chisum, Debtor, and Julia C. Coleman, Defendants/Appellees. No. 87-5513. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1988. Decided May 26, 1988. Leon L. Vickman, Encino, Cal., for plaintiff-appellant. Julia C. Coleman, Compton, Cal., for defendants-appellees. Appeal from the United States Bankruptcy Appellate Panels of the Ninth Circuit. Before FARRIS, BOOCHEVER and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: Chisum filed a Chapter 13 petition on February 22, 1983. A voluntary dismissal was entered May 13. On July 21 of the same year, Chisum filed a second Chapter 13 petition, which was dismissed on August 29. A third Chapter 13 petition was filed on December 5 of the same year. A creditor gained relief from the automatic stay on January 27, 1984. Chisum dismissed his third petition on February 1. On the same day, Mortgage Mart bought Chisum's home at a foreclosure sale. The next day, February 2, Chisum filed, pro per, a Chapter 7 petition. Mortgage Mart filed for relief from the…