In Re Davenport

40 F.3d 298 In re Ray Gordon DAVENPORT & Carolyn Jean Davenport, Debtors. WESTERN FARM CREDIT BANK; Sierra-Bay Federal Land Bank Association, Appellants, v. Ray Gordon DAVENPORT; Carolyn Jean Davenport, Appellees. No. 93-15989. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1994. * Decided Nov. 4, 1994. Marsha D. Galinsky, Sheppard, Mullin, Richter & Hampton, Los Angeles, CA, for appellants. Ray Gordon Davenport and Carolyn Jean Davenport, in pro. per. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before ALARCON and HALL, Circuit Judges, and KING, Senior District Judge. ** In this matter, the appellees, Ray and Carolyn Davenport (the "Debtors"), filed a bankruptcy petition on August 8, 1989, under Chapter 12 of the Bankruptcy Code, 11 U.S.C. Sec. 1201-1231 . On that date, the Debtors owed the Western Farm Credit Bank (the "Bank"), $469,245.00. On April 13, 1992, the bankruptcy court confirmed the Debtors' third-amended plan of reorganization (the "Plan"), in a published opinion. In re Davenport, 158 B.R. 830 (Bankr.E.D.Cal.1992). The Bank filed a timely appeal to the Bankruptcy Appellate Panel ("BAP"). The Bank contended that the bankruptcy…