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IN RE ADKINS

No. 03-1087.

425 F.3d 296 (2005)

In re: Matthew ADKINS, Debtor. David Wm. Ruskin, Trustee, Plaintiff-Appellant, v. DaimlerChrysler Services North America, L.L.C., (Creditor), Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2005.

Attorney(s) appearing for the Case

ARGUED: Gordon S. Gold, Seyburn, Kahn, Ginn, Bess & Serlin, Southfield, Michigan, for Appellant. Charles L. McKelvie, Troy, Michigan, for Appellee. ON BRIEF: Gordon S. Gold, Tova Shaban, Seyburn, Kahn, Ginn, Bess & Serlin, Southfield, Michigan, for Appellant. Elizabeth M. Abood, Daniela Dimovski, Shermeta, Chimko & Kilpatrick, Rochester Hills, Michigan, for Appellee.

Before: BATCHELDER and MOORE, Circuit Judges; CALDWELL, District Judge.

CALDWELL, D.J., delivered the opinion of the court, in which BATCHELDER, J., joined.

MOORE, J. (pp. 306-09), delivered a separate dissenting opinion.

OPINION

KAREN K. CALDWELL, District Judge.

Plaintiff David Ruskin, Standing Chapter 13 Trustee for the Eastern District of Michigan ("Trustee"), appeals the district court's decision in favor of DaimlerChrysler Services North America, L.L.C. ("DaimlerChrysler"), in the Trustee's appeal from...

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