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IN RE GREENE

No. C98 1971 SBA.

223 B.R. 548 (1998)

In re Thomas A. GREENE, aka Radiator Service, Inc. and Bobby Jean Greene, Debtors. Jeffrey G. LOCKE, Trustee, Appellant, v. MBNA AMERICA, Appellee.

United States District Court, N.D. California.

July 27, 1998.

Attorney(s) appearing for the Case

Fred Hjelmeset, Law Offices of Reidun Stromsheim, San Francisco, CA, for trustee/plaintiff/appellant.

Robert S. Lampl, Law Offices of Robert S. Lampl, Woodland Hills, CA, for defendant/appellee.

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF APPELLANT

ARMSTRONG, District Judge.

BACKGROUND

This is an appeal from a grant of summary judgment by the Bankruptcy Court in favor of Appellee MBNA America ("MBNA"). The facts are undisputed. The debtor tendered a check, in the amount of $21,998.71, to MBNA on February 29, 1996. The debtor's check cleared the debtor's bank account on Friday, March 8, 1996. Thereafter, on Friday, June 7...

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