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IN RE CARBAAT

Bankruptcy No. 06-40029 TK. Adversary No. 06-4092 AT.

357 B.R. 553 (2006)

In re Michael Angelo CARBAAT, Debtor. John T. Kendall, Trustee, Plaintiff, v. Silvia Carbaat, Susan Hester Newcomb, Defendants.

United States Bankruptcy Court, N.D. California.

December 19, 2006.

Attorney(s) appearing for the Case

Patrick L. Forte, Law Offices of Patrick L. Forte, Oakland, CA, for Debtor.

Joanne M. LaFreniere, Reidun Stromsheim, Law Offices of Stromshiem and Assocs., San Francisco, CA, for plaintiff.

Gerald C. Vanoli, Law Offices of Gerald C. Vanoli, Lafayette, CA, for defendants.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, U.S. Bankruptcy Judge.

In this adversary proceeding, plaintiff John T. Kendall, the duly appointed chapter 7 trustee, (the "Trustee") seeks to avoid the pre-petition transfer by the debtor (the "Debtor") to his former wife, defendant Silvia Carbaat ("Silvia"), of his interest in their family home (the "House") and in an unsecured promissory note (the "Note") pursuant to 11 U.S.C. § 548(a) and § 544(b)...

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