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IN RE CLOVERLEAF PROPERTIES

BAP No. SC-86-1894, Bankruptcy No. 83-00158-M7, Adv. No. C84-0004-M7.

78 B.R. 242 (1987)

In re CLOVERLEAF PROPERTIES, Debtor. Martin GOLDBERG, Trustee, Plaintiff, v. John A. ROSE, Howard F. McCluan, and Cloverleaf Properties, a California partnership, Defendants. John A. ROSE, Appellant, v. Martin GOLDBERG, Trustee, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided September 16, 1987.

Attorney(s) appearing for the Case

William A. Smelko, Wied & Smelko, San Diego, Cal., for appellant.

Robert J. Parks, Finley, Kumbel, Wagner, Heine, Underberg, Manley & Casey, San Diego, Cal., for appellee.

Before JONES, ASHLAND and MOOREMAN, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

John Rose, a partner in the debtor partnership, appeals an order of the bankruptcy court requiring him to turnover to the trustee $11,468.29 in unauthorized postpetition payments. We reverse.

FACTS

Cloverleaf Properties is a California partnership composed of three general partners: Howard McCluan, John Rose and Nolan Wright. On January 13, 1983, McCluan, acting alone, filed a voluntary Chapter 11 petition...

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