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IN RE PEREIRA

No. 08-03059-B13.

394 B.R. 501 (2008)

In re John and Erin PEREIRA, Debtors.

United States Bankruptcy Court, S.D. California.

August 25, 2008.

Attorney(s) appearing for the Case

Jeffrey D. Larkin, Doan Law Firm, LLP, Carlsbad, CA, for Debtors.

Jenny Judith Ha, Thomas Billingslea, Jr., Ch 13 Trustee, San Diego, CA, for trustee.

MEMORANDUM DECISION

LOUISE DE CARL ADLER, Bankruptcy Judge.

I.

INTRODUCTION

John and Erin Pereira ("Debtors") have proposed a chapter 13 plan of reorganization ("Plan") which provides for the filing of an adversary proceeding to avoid the allegedly wholly unsecured second trust deed of National City Bank ("National City"). The chapter 13 trustee ("Trustee") objects to this provision, arguing that he cannot administer the plan until he...

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