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IN RE KINCAID

No. 01-22358-A-13J.

316 B.R. 735 (2004)

In re James M. KINCAID and Estrella A. Kincaid, Debtors.

United States Bankruptcy Court, E.D. California, Sacramento Division.

October 8, 2004.

Attorney(s) appearing for the Case

Jan P. Johnson, Sacramento, CA, Chapter 13 Trustee.

R. Craig Iseley, Esq., Sacramento, CA, for Red Shield Servicing, Inc.

Julia P. Gibbs, Esq., El Dorado Hills, CA, for Ronald R. Bieber, et al.

Fred W. Kaiser, Esq., Sacramento, CA, for Chess Family Trust, et al.

MEMORANDUM DECISION

MICHAEL S. MCMANUS, Chief Judge.

The chapter 13 trustee moves to dismiss the debtors' chapter 13 petition on the ground that the debtors have not paid in full the secured claims of Red Shield Servicing, Inc., even though the 42-month plan term has expired.

The debtors failed to appear at the hearing on the trustee's motion and they filed no written opposition to the motion. Consequently, their defaults will be entered.

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