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IN RE SEYFERT

Bankruptcy Nos. 88-05068-LM7, 86-07897-LM7.

97 B.R. 590 (1989)

In re John Charles SEYFERT, Debtor. In re Richard Lee VINCENT, Debtor.

United States Bankruptcy Court, S.D. California.

March 17, 1989.

Attorney(s) appearing for the Case

John L. Smaha, San Diego, Cal., for John Charles Seyfert.

Ardelle Williams, San Diego, Cal., for trustee.

Gary E. Slater, Hinchy, Witte, Wood, Anderson & Hodges, San Diego, Cal., for Rancho Santa Fe Pharmacy, Inc.

Stephan D. Petach, Escondido, Cal., Trustee.

J. Warren Beall, Carlsbad, Cal., for Richard Lee Vincent.

Gary E. Slater, Hinchy, Witte, Wood, Anderson & Hodges, San Diego, Cal., for trustee.

Corporate Management, Inc., San Diego, Cal., Trustee.

MEMORANDUM DECISION

LOUISE DeCARL MALUGEN, Bankruptcy Judge.

Because both of the above-referenced cases present the same legal question, the Court has considered them together to jointly dispose of them in this Decision. At issue is the Chapter 7 trustee's power to limit or condition the estate's release of sales proceeds attributable to a debtor's declared homestead exemption.

* * *

In both cases, the debtor filed a Chapter 7 petition...

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