Guindon

Guindon v. Ventura Bancorp

Good Law
21 F. App'x 574
United States Court of Appeals for the Ninth CircuitJune 15, 2001No. 99-56818; BAP No. CC-98-01918-BCMe.California379 words

Opinion

Lead Opinion

MEMORANDUM *

Marjorie Ann Guindon and James Guy Guindon (Guindons) appeal the Bankruptcy Appellate Panel’s (BAP) decision affirming the bankruptcy court’s judgment in favor of CCF Income Fund, Equivest, Bruce A. Olson, D.P.M., Inc. Pension Trust and Richard H. Beguelin Family Trust (Creditors). We have jurisdiction, 28 U.S.C. § 158 (d); 28 U.S.C. § 1291 , and we affirm.

The Guindons raise a number of arguments, all of which boil down to this: that their Chapter 13 Plan provided for the Creditors’ claim, thus satisfying the *575 Guindons’ debt in full by transfer of their residential property. We disagree, essentially for reasons stated by the bankruptcy court. The Plan did not mention the commercial property or the Creditors’ lien on it, nor did it indicate how the Guindons would retain that property free and clear of the Creditors’ secured interest. Therefore, whether or not the Plan provided for the Creditors’ claim, it did not “provide for” the lien interest against the commercial property. See Lawrence Tractor Co. v. Gregory, 705 F.2d 1118, 1122 (9th Cir.1983). In these circumstances, as both BAP and the bankruptcy court held, the Creditors’ lien in the commercial property…

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