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IN RE COLE

Bankruptcy No. 87-01692-H11.

83 B.R. 32 (1988)

In re Donald Fred COLE, Debtor.

United States Bankruptcy Court, S.D. California.

February 8, 1988.

Attorney(s) appearing for the Case

Gregory A. Akers, San Diego, Cal., for debtor.

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

I.

At issue is whether the debtor herein is entitled to a portion of the proceeds from the sale of his residence, pursuant to his claim of a homestead exemption under Cal. Civ.Proc.Code § 704.710 et seq. (West 1987).

The debtor claims that while the sale was conducted voluntarily, the sale of a debtor's residence by a Chapter 11 debtor, acting

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