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IN RE CROSHIER

Bankruptcy No. 98-07827-A7.

228 B.R. 468 (1998)

In re Mark William CROSHIER, III., Debtor. Vanessa Weinberger, Movant, v. Mark William Croshier, III, and James L. Kennedy, Chapter 7 Trustee, Respondents.

United States Bankruptcy Court, S.D. California, San Diego Division.

December 30, 1998.

Attorney(s) appearing for the Case

Gary B. Rudolph, William P. Fennell, Sparber, Ferguson, Ponder & Ryan, San Diego, CA, for trustee.

James L. Kennedy, San Diego, CA, trustee.

Wells. B. Layman, La Mesa, CA, for Debtor.

Edgar A. Saenz, Patrick Decarolis, Jr., Decarolis, Saenz & Trope, Los Angeles, CA, for Vanessa Weinberger.

MEMORANDUM DECISION

LOUISE DeCARL ADLER, Chief Judge.

I.

INTRODUCTION

Vanessa Weinberger ("Ms. Weinberger") seeks relief from stay to collect $60,000 in net settlement proceeds received by Mark William Croshier III ("Debtor") to settle his personal injury action (the "Lift Stay Motion"). Ms. Weinberger contends her secured claim encumbers the proceeds. Alternatively, she contends the Debtor assigned the proceeds in partial satisfaction...

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