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IN RE DOBBS

Bankruptcy No. 89-03284, Adv. No. 90-6017.

115 B.R. 258 (1990)

In re DOBBS, Reginald, Dobbs, Karalee, Debtors. Neal and Julie CUSTER, husband and wife, and Pioneer Title Company of Ada County, an Idaho corporation, Plaintiffs, v. Reginald and Karalee DOBBS, husband and wife, and C. Barry Zimmerman, Trustee, Defendants. C. Barry ZIMMERMAN, acting as Trustee of the bankruptcy estate of Reginald and Karalee Dobbs, Counterclaimant, v. PIONEER TITLE COMPANY OF ADA COUNTY, an Idaho corporation, Counterdefendant.

United States Bankruptcy Court, D. Idaho.

May 30, 1990.

Attorney(s) appearing for the Case

Lance G. Salladay, Risch, Goss, Insinger & Salladay, Boise, Idaho, for plaintiffs Custer.

Kirk J. Anderson and Rodney T. Buttars, Boise, Idaho, for defendants Dobbs.

Barry Peters, Hamlin & Sasser, Boise, Idaho, for defendant and counterclaimant C. Barry Zimmerman, trustee.

Randall C. Fredricks, Clemons, Cosho & Humphrey, Boise, Idaho, for plaintiff and counterdefendant Pioneer Title Co. of Ada County.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

I. PROCEDURAL BACKGROUND OF THE CASE.

In July of 1989, the Defendant Reginald Dobbs d/b/a Reg Dobbs Construction, contracted with the Plaintiffs Neal and Julie Custer to build them a house on property they owned near Boise. It is the events that transpired between that time, and November 6, 1989, when Dobbs and his spouse filed a Chapter 7 petition, that have given rise to this adversary proceeding...

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