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IN RE WHITING

Bankruptcy No. 03-31927 DM. Adversary No. 03-3697 DM.

311 B.R. 539 (2004)

In re Laurence Elliot WHITING, Debtor. E. Lynn Schoenmann, Trustee, Plaintiff, v. Kathleen M. de Leon and L. Michael de Leon, Defendants.

United States Bankruptcy Court, N.D. California.

April 28, 2004.

Attorney(s) appearing for the Case

Martha J. Simon, Law Offices of Martha J. Simon, San Francisco, CA, for Debtor.

Reidun Stromsheim, Law Offices of Stromsheim and Assoc., San Francisco, CA, for Plaintiff.

MEMORANDUM DECISION ON PLAINTIFF'S MOTION FOR PATIAL SUMMARY JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

On March 11, 2004, this court held a hearing on the motion for partial summary judgment ("MSJ") filed by the Trustee E. Lynn Schoenmann ("Trustee"). Defendants Kathleen M. de Leon and L. Michael de Leon ("the de Leons") filed an opposition to the MSJ. For the reasons stated below, the court will deny the MSJ.1

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