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IN RE WIGGINS

Bankruptcy No. 99-40458. Adversary No. 99-6212.

273 B.R. 839 (2001)

In re Joshua John WIGGINS, Debtor. Joshua John Wiggins, an incapacitated person by and through his guardians and his guardians and conservators, and David Hale & Eva Hale; and L.D. Fitzgerald, as Trustee in Bankruptcy, Plaintiffs, v. Peachtree Settlement Funding, Defendant.

United States Bankruptcy Court, D. Idaho.

September 21, 2001.

Attorney(s) appearing for the Case

John T. Lezamiz and Robyn M. Brody, Hepworth, Lezamiz & Hohnhorst, Twin Falls, ID, for Plaintiffs.

W. Cullen Battle and Jay F. Cobb, Fabian & Clendenin, Salt Lake City, Utah and Craig W. Christensen, Pocatello, ID, for Defendant.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Chief Judge.

I. Background

Joshua John Wiggins ("Joshua" or "Wiggins") filed for protection under Chapter 13 of the Bankruptcy Code on March 26, 1999. On September 13, 1999, acting by and through his parents, guardians and conservators, David and Eva Hale, Wiggins commenced this adversary proceeding against Defendant Peachtree Settlement Funding. The Chapter 13 Trustee, L.D. Fitzgerald, joined Wiggins...

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