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IN RE ELLWANGER

Bankruptcy No. 84-31238, Adv. No. 92-31705.

140 B.R. 891 (1992)

In re Will K. ELLWANGER and Helen Ellwanger, husband and wife, aka Wilhelm Karl Ellwanger and Helen Darline Ellwanger, Debtors. Will K. ELLWANGER & Helen Ellwanger, Plaintiffs, v. Brian L. BUDSBERG, Trustee, Defendant.

United States Bankruptcy Court, W.D. Washington.

May 6, 1992.

Attorney(s) appearing for the Case

Brian L. Budsberg and Owens Davis Mackie, Olympia, Wash., trustee for Ellwanger Bankruptcy Estate.

Jay C. Immelt, in pro per.

Arnold Kessler, Wilner, Klein & Siegel, Beverly Hills, Cal., for Meadows.

Gary C. Wunderlin, Allard, Shelton & O'Connor, Pomona, Cal., for McBroom Estate.

John T. Robson, Jr., Tacoma, Wash., for Will Ellwanger.

Noel P. Shillito, Shillito & Giske, Tacoma, Wash., for Helen Ellwanger.

Charles A. Johnson, Asst. U.S. Trustee, Office of U.S. Trustee, Seattle, Wash.

Kevin Lancaster, Veen & Associates, San Francisco, Cal., Special Counsel for trustee in state court action.

DECISION: OWNERSHIP OF CAUSES OF ACTION

PHILIP H. BRANDT, Bankruptcy Judge.

I. ISSUES

A. Jurisdiction: Whether the Bankruptcy Court has jurisdiction over a malpractice claim which arises out of legal representation both pre- and post-petition, but which became irremediable, and therefore accrued under state law, post-petition,

B. Property of the Estate: Whether that malpractice claim is property of the estate.

II...

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