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IN RE MOTIVATION RESOURCES, INC.

Bankruptcy No. SA 90-08948 JR, Adv. No. SA 93-1026 JR.

158 B.R. 184 (1993)

In re MOTIVATION RESOURCES, INC., Debtor. Richard A. MARSHACK, in his capacity as First Successor Chapter 7 Trustee for Motivation Resources, Inc., Plaintiff, v. Sally J. TAPAGER (aka Sally Tapager, Sally Jean Tapager and Sally Jene Tapager), Charles C. Tapager (aka Charles Tapager, Charles T. Tapager), Mission Viejo National Bank, and the Federal Deposit Insurance Corporation as Receiver for Mission Viejo National Bank, Defendant.

United States Bankruptcy Court, C.D. California.

July 23, 1993.

Attorney(s) appearing for the Case

Carolyn Adams, F.D.I.C., Legal Div., Newport Beach, CA, for defendant.

Michael W. Szkaradek, Pagter Law Corp., Santa Ana, CA, for plaintiff.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

INTRODUCTION

On May 25, 1993, Defendant, the Federal Deposit Insurance Corporation (the "FDIC") as receiver for Mission Viejo National Bank, and the Plaintiff, Richard Marshack, Chapter 7 trustee for Motivation Resources, Inc. ("Trustee"), appeared before this court on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint. Counsel for the Defendant argued that when the FDIC acts as...

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