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IN RE SMITH BROS. MOTORS, INC.

No. 02-40844 J.

286 B.R. 905 (2002)

In re SMITH BROS. MOTORS, INC. dba Smith, Smith Chrysler, Smith Dodge, and Smith Jeep, Debtor.

United States Bankruptcy Court, N.D. California.

December 5, 2002.

Attorney(s) appearing for the Case

Eric A. Nyberg, Kornfield, Paul and Nyberg, Oakland, CA, for debtor.

Michael D. Cooper, Wendel, Rosen, Black and Dean, Oakland, CA, for trustee.

Minnie Loo, Office of U.S. Trustee, Oakland, CA, for U.S. Trustee.

Michael J. Carroll, Law Offices of Erskine and Tulley, Randy R. Rogers, Murphy, Sheneman, Julian and Rogers, San Francisco, CA, Larry O. Folks, Santin, Poli and Ball, Phoenix, AZ, Bennett J. Murphy, Hennigan, Bennett and Dorman, Los Angeles, CA, David E. Vallerga, Law Offices of Vallerga and Vallerga, Belmont, CA, Annie Verdries, Lewis, Brisbois, Bisgaard and Smith, Costa Mesa, CA, for creditors.

Mahnaz Khamanian, Richmond, CA, pro se creditor.

Spencer, Fane, Britt and Browne, Kansas City, MO, pro se creditor.

DECISION — BANK ONE'S MOTION FOR LEAVE AND STANDING TO INITIATE SURCHARGE ACTION

EDWARD D. JELLEN, Bankruptcy Judge.

Creditor Bank One, N.A. ("Bank One") has moved the court for an order granting it leave and standing to pursue a surcharge action under Bankruptcy Code § 506(c)1 against Amresco Commercial Finance, Inc. ("Amresco"). The motion is opposed by Amresco and by David A. Bradlow, chapter 11 trustee...

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