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IN RE WALLAERT

Bankruptcy No. 92-32032, Adv. No. 92-33117.

149 B.R. 665 (1992)

In re Marceil Florent WALLAERT and Renee Grace Wallaert, Debtors. Robert E. WISWALL, Trustee of the Bankruptcy Estate of Marceil Florent Wallaert and Renee Grace Wallaert, Plaintiff, v. Marceil Florent WALLAERT and Renee Grace Wallaert, husband and wife; Marceil and Renee Wallaert Loving Trust; U.S. Bancorp Mortgage Company; and American General Finance, Defendants.

United States Bankruptcy Court, W.D. Washington.

November 30, 1992.

Attorney(s) appearing for the Case

Jeffrey A. Meehan, Landerholm, Memovich, Lansverk & Whitesides, Inc., Vancouver, WA, for plaintiff/trustee.

Robert C. Russell, Law Offices of Robert M. Gregg, Vancouver, WA, for debtors/defendants.

DECISION AND ORDER ON SUMMARY JUDGMENT MOTIONS

PHILIP H. BRANDT, Bankruptcy Judge.

The Trustee commenced this action against Debtors, their "Loving Trust", and encumbrancers of Debtors' residence, seeking to avoid as fraudulent Debtors' transfer of their residence to the Loving Trust by quit claim deed, recorded within one year of their petition date. In addition to avoiding the transfer, the Trustee seeks to sell the residence.

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