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IN RE SCHNEIDER

No. 86-01430, Adv. No. A86-03980.

99 B.R. 52 (1989)

In re John A. SCHNEIDER, Debtor. Ronald F. MARVICK and Sybil L. Marvick, Plaintiffs, v. John A. SCHNEIDER; Steven M. Presba, individually and/or as Trustee of the Chief Living Trust; the Chief Living Trust; and William S. Weinstein, Trustee in Bankruptcy for the debtor, Defendants.

United States Bankruptcy Court, W.D. Washington, at Seattle.

March 10, 1989.

Attorney(s) appearing for the Case

Timothy S. McCredie, Livengood, Silvernale, Kirkland, Wash., for plaintiffs.

Peter H. Arkison, Bellingham, Wash., for Trustee in Bankruptcy.

OPINION ON MOTION FOR SUMMARY JUDGMENT

SAMUEL J. STEINER, Chief Judge.

The plaintiffs, the Marvicks, have filed a motion for summary judgment on the issue of priority against the proceeds of the sale of realty as between themselves and the trustee.

FACTS

In 1985, the Marvicks commenced an action against the debtor in State Court wherein they sought a money judgment. On February 20, 1985, the debtor quit-claimed his real property in Kirkland...

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