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IN RE MOTLEY

Bankruptcy No. LA 98-53444-SB. Adversary No. LA 99-03021-SB.

268 B.R. 237 (2001)

In re Cecil F. MOTLEY & Ethelyn Motley, Debtors. Cecil F. Motley et ux., Plaintiffs, v. Equity Title Co., et al., Defendants.

United States Bankruptcy Court, C.D. California.

October 5, 2001.

Attorney(s) appearing for the Case

Matthew Norton, Matthew Norton & Associates, Long Beach, CA.

Robert L. Kinkle, Law Offices of Robert L. Kinkle, Long Beach, CA, for debtors.

Louis E. Kempinsky, Luce, Forward, Hamilton & Scripps, LLP, Los Angeles, CA.

Paula Scotland, the Buckley Firm, Mission Viejo, CA.

AMENDED OPINION ON SUMMARY JUDGMENT MOTIONS

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. Introduction

This case involves a deposit that the debtors made with a title insurance company to induce the insurer to issue a title insurance policy. The title insurance was issued for real estate that the debtors sold after receiving a chapter 7 discharge, and the deposit was made to avert an exception in the title insurance policy for a post-discharge state...

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