IN RE LULL

Bankruptcy No. 06-00898. Adversary No. 07-90026.

386 B.R. 261 (2008)

In re James William LULL, Debtor. Bowers and Merena Auctions, LLC, a Delaware limited liability company, Plaintiff, v. James Lull, an individual; Kapaa 382, a Hawaii limited liability company; Gregg Gardiner as trustee of the Gregg C. Gardiner Revocable Living Trust; and Daniel Yamaguchi, an individual, Defendants.

United States Bankruptcy Court, D. Hawai`i.

February 29, 2008.


Attorney(s) appearing for the Case

Richard C. Spencer, Law Offices of Richard C. Spencer, P.C., Los Angeles, CA, for Plaintiff.

Lora Han, Thomas Sylvester, Bendet, Fidell, Sakai & Lee, Lisa S. Hirahara, Wayne K.T. Mau, Watanabe Ing & Komeiji LLP, Cuyler Shaw, Kevin W. Herring, Ashford & Wriston, Honolulu, HI, Stephen S. Ellis, Rutan & Tucker LLP, Costa Mesa, CA, for Defendants.

Daniel Yamaguchi, Lihue, HI, pro se.


OPINION CONCERNING MOTION FOR SUMMARY JUDGMENT

LLOYD KING, Bankruptcy Judge.

I. INTRODUCTION

This is an adversary proceeding in bankruptcy. Fed. R. Bankr.P. 7001. The complaint seeks interpleader relief. Fed. R.Civ.P. 22; Fed. R. Bankr.P. 7022. Before the court is a motion for summary judgment by Defendant Gregg Gardiner, as trustee of the Gregg C. Gardiner Revocable Living Trust ("Gardiner"), one of the claimants to the interpleader fund...

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