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IN RE COAST PACKING MATERIAL CO.

Bankruptcy No. C88-0433-H7, Adv. No. C88-0433-H7.

109 B.R. 410 (1989)

In re COAST PACKING MATERIAL COMPANY and First Container Corporation of California, Debtors. Philip J. GIACINTI, Jr., Trustee for the Estates of Coast Packing Material Company and First Container Corporation of California, Plaintiff, v. WESTINGHOUSE CREDIT CORPORATION, John Ingram, Ingram & Company, Harold C. Nelson, and Nelson Enterprises, Defendants.

United States Bankruptcy Court, S.D. California.

December 18, 1989.

Attorney(s) appearing for the Case

Philip J. Giacinti, Jr., Procopio, Cory, et al., San Diego, Cal., for pro se.

Clarence Bender, El Cajon, Cal., for defendants.

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether petitioning unsecured creditors in an involuntary Chapter 7 case impliedly consent to the payment of reasonable trustee's fees where there are no unencumbered assets available for distribution.

The issue arises on the motion of plaintiff Philip J. Giacinti Jr., trustee ("trustee") for summary judgment. Trustee contends that petitioning creditors in an involuntary petition...

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