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IN RE BOGETTI

No. 01-23174-A-7.

349 B.R. 14 (2006)

In re Robert and Deolinda BOGETTI, Debtors.

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

August 18, 2006.

Attorney(s) appearing for the Case

J. Russell Cunningham, Sacramento, CA, for trustee.

Jeffrey J. Lodge, Fresno, CA, for U.S. Trustee.

Robert Mehlhaff, Tracy, CA, for debtors.

Craig C. Chiang, Los Angeles, CA, Robert Izmirian, San Francisco, CA, Christa K. McKimmy, Sacramento, CA, Thomas G. Mouzes, Woodbridge, CA, Phillip G. Vermont, Pleasanton, CA, for creditors.

MEMORANDUM DECISION

MICHAEL S. McMANUS, Chief Judge.

On or about October 9, 1997, the debtors created a trust, the Robert P. Bogetti and Deolinda M. Bogetti Retirement Plan and Trust. The res of the trust includes real property located at 3950 W. Durham Ferry Road, Tracy, California ("the property"). The debtors were both the settlors and the beneficiaries of the trust.

On May 16, 2000, Bank of America ("BofA") obtained a judgment against the debtors...

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