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HAALAND v. CORPORATE MANAGEMENT, INC.

Civ. No. 88-1440-B.

172 B.R. 74 (1989)

Melverne L. HAALAND, Appellant, v. CORPORATE MANAGEMENT, INC., Trustee, Appellee.

United States District Court, S.D. California.

February 23, 1989.

Attorney(s) appearing for the Case

James C. Mitchell, Mitchell & McEntyre, Encinitas, CA, for debtor Melverne L. Haaland.

Ross M. Pyle, Peter L. Duncan, Jennings, Engstrand & Henrikson, San Diego, CA, for Interim Trustee, Corporate Management, Inc.

Michael M. Anello, Wingert, Grebing, Anello and Chapin, San Diego, CA, for Lawyers Mut. Ins. Co. and its insured, N. Munro Merrick.

Robert D. Middendorf, Sullivan, Delafield, McDonald & Middendorf, San Diego, CA, special co-counsel for Lawyers Mut. Ins.

MEMORANDUM DECISION

BREWSTER, District Judge.

I. BACKGROUND

In March of 1987 the appellant Melverne L. Haaland and his wife fell behind in their home mortgage payments. Their lenders foreclosed on the delinquent loans and noticed a trustee's sale of the home for April of 1987. To prevent the loss of their home, in which Mr. Haaland claims they had over $40,000.00 in equity, the Haalands' former attorney filed a Chapter 13 bankruptcy, which...

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