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IN RE HEINIG

Bankruptcy No. C85-1020-H7, Related Case No. 82-03342-P7.

64 B.R. 456 (1986)

In re Peter HEINIG, Debtor. Eric WOLF, Trustee, Plaintiff, v. Jacqueline Jeanne HEINIG, Doreen M. Heinig, Peter Heinig and all persons claiming by, through or under them, Defendants.

United States Bankruptcy Court, S.D. California.

September 9, 1986.

Attorney(s) appearing for the Case

Mark R. Moore, Moore & Bailey, La Mesa, Cal., for trustee/plaintiff.

Kenneth R. Stephens, San Diego, Cal., for defendants.

OPINION AND ORDER FOR SUMMARY JUDGMENT

JOHN J. HARGROVE, Bankruptcy Judge.

This case is before the Court on a motion for summary judgment by the trustee.

Plaintiff is the trustee in bankruptcy of Peter Heinig ("debtor"). Trustee alleges that by virtue of his statutory "strongarm" powers (11 U.S.C. § 544(a)(3)) he is the owner of an undivided 20% interest in residential real estate ("subject property") of which the debtor appears as 20% record...

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