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IN RE OAKMORE RANCH MANAGEMENT

BAP No. CC-05-1168-BKPA. Bankruptcy No. LA 94-16755-ER. Adversary No. LA 96-01580-ER.

337 B.R. 222 (2006)

In re OAKMORE RANCH MANAGEMENT, Debtor. Michael J. Welther, III, Appellant, v. James H. Donell; David Seror, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 20, 2006.

Attorney(s) appearing for the Case

John F. Shellabarger, Law Offices of John F. Shellabarger, Santa Barbara, CA, for appellant.

Theodore A. Cohen, Sheppard, Mullin, Richter & Hampton, Henley L. Saltzburg, Saltzburg, Ray & Bergman, Los Angeles, CA, for appellees.

Before: BRANDT, KLEIN and PAPPAS, Bankruptcy Judges.

OPINION:

BRANDT, Bankruptcy Judge:

After David Seror, the trustee in the chapter 71 bankruptcy of Oakmore Ranch Management, obtained a judgment against appellant Michael J. Welther, III, on behalf of the bankruptcy estate, he executed on funds owed to appellant by a third party. Because the promissory note evidencing the obligation was in his children's names, appellant contended he had no interest in the note, and thus it could...

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