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IN RE TROUT

Bankruptcy No. 08-10187 ABC. Adversary No. 08-1244 ABC.

392 B.R. 869 (2008)

In re James Richard TROUT and Jennifer Dagmar Trout, Debtors. Simon E. Rodriguez, Chapter 7 Trustee, Plaintiff, v. Drive Financial Services LP, Defendant.

United States Bankruptcy Court, D. Colorado.

August 29, 2008.

Attorney(s) appearing for the Case

Geoffrey H. Atzbach, Colorado Springs, CO, for Debtors.

David Wadsworth, Denver, CO, for Plaintiff.

Robert J. Curtis, Irvine, CA, for Defendant.

ORDER GRANTING, IN PART, AND DENYING, IN PART, TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT

A. BRUCE CAMPBELL, Bankruptcy Judge.

This matter is before the Court on the Motion for Partial Summary Judgment (the "Motion") filed by Plaintiff/Trustee, Simon Rodriguez ("Trustee") and the Response filed by Defendant, Drive Financial Services LP ("Defendant"). The Court, having reviewed the file and being otherwise advised in the premises, finds as follows:

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