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IN RE HATHAWAY RANCH PARTNERSHIP

Bankruptcy No. LA 90-09098-VZ, Adv. No. LA 90-01541-VZ.

127 B.R. 859 (1990)

In re HATHAWAY RANCH PARTNERSHIP, a California Limited Partnership, Debtor. Thomas R. ZEIGLER, Plaintiff, v. HATHAWAY RANCH PARTNERSHIP, a California Limited Partnership, Defendant.

United States Bankruptcy Court, C.D. California.

December 31, 1990.

Attorney(s) appearing for the Case

Thomas R. Ziegler, pro se.

Dilworth A. Nebeker, David W. Magnusson, Haws, Record & Williford, Santa Barbara, Cal., for plaintiff.

Gary E. Klausner, Karl E. Block, Robinson, Diamant, Brill & Klausner, Los Angeles, Cal., for Lawrence A. Diamant, designated representative of debtor in possession.

VINCENT P. ZURZOLO, Bankruptcy Judge.

I. INTRODUCTION

The issue in dispute is whether 11 U.S.C. Section 544(a)(3) enables the holder of an equitable interest in real property to avoid the transfer of another equitable interest in the subject real property.

A. Procedural History

On July 11, 1990, Thomas R. Zeigler ("Plaintiff") filed a complaint ("Complaint") against Hathaway Ranch Partnership, a California limited partnership and the...

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