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IN RE ADAIR

BAP Nos. CC-99-1644-PMoW, CC-99-1645-PMOW. Bankruptcy No. SV 96-13793 GM. Adversary No. SV 99-01557-GM.

253 B.R. 85 (2000)

In re Robert Joseph ADAIR and Jeanie Louise Adair, Debtors. Gilbert R. Vasquez, Chapter 7 Trustee, Appellant, v. Jeanie Louise Adair, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed September 7, 2000.

Attorney(s) appearing for the Case

Jon M. Kasimov, Haight, Brown & Bonesteel, Santa Monica, CA, for Gilbert Vasquez, Chapter 7 Trustee.

Alan I. Nahmias, Plotkin & Rapoport, A.I.P.C., Encino, CA, for Jeanie Louise Adair.

Before PERRIS, MONTALI, and WILLIAMS, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

Approximately three years after closure of this bankruptcy case, the chapter 72 trustee moved to reopen the case to recover the proceeds of the settlement of a personal injury lawsuit the trustee knew about and chose not to administer. The trustee also sought a preliminary injunction prohibiting Debtor from transferring or disposing of settlement funds. The bankruptcy court denied both the motions...

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