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IN RE KINCAID

Bankruptcy No. 97-37007, Adversary No. A97-38800.

218 B.R. 965 (1998)

In re James KINCAID, aka James Gordon, and Suzanne Kincaid, aka Suzanne Gordon, Debtors. Brian L. BUDSBERG, Chapter 11 Trustee for the bankruptcy estate of James Kincaid, aka James Gordon and Suzanne Kincaid, aka Suzanne Gordon, Plaintiffs, v. PREMIER CREDIT CO./Dealer Finance II; Automotive Finance Co.; Donald Medley; Maria Diamond; Barry Coleman; Reliable Creditor Association, Inc.; Washington State Department of Licensing; et al., Defendants.

United States Bankruptcy Court, W.D. Washington.

March 25, 1998.

Attorney(s) appearing for the Case

Steven Levy, Fife, WA, for defendants.

Brian Budsberg, Olympia, WA, for Ch. 7 Trustee.

Christine Ford, Tacoma, WA, for Simpson Credit Union and American General Finance.

Andrew Gala, Seattle, WA, for Premier Credit Co./Dealer Finance II.

Bradley Jones, Seattle, WA, for Arcadia Financial Ltd.

Deborah Crabbe, Seattle, WA, for Automotive Finance Corp.

James MaGee, Tacoma, WA, for, debtors.

Laurin Schweet, Mercer Island, WA, for Harborstone Credit Union Key Bank of Washington U.S. Bank.

Gordon Hauschild, Tacoma, WA, for Reliable Credit Ass'n.

MEMORANDUM DECISION ON SUMMARY JUDGMENT AS TO PRIORITY OF SECURITY INTEREST IN MOTOR VEHICLES BETWEEN FLOORING AND CONSUMER LENDERS

PAUL B. SNYDER, Bankruptcy Judge.

Defendants/creditors, Premier Credit Co./Dealer Finance II, Inc. (DF) and Automotive Finance Corporation (AFC) seek to foreclose their security interests in certain motor vehicles in Prestige Auto Sales Superstore's (Prestige) inventory. Prestige is a sole proprietorship owned by...

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